T
The420Guy
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Closing arguments in Generik Broderick's trial on narcotic possession
charges were slated to take place Friday in Sault Ste. Marie.
But Ontario Court Justice Wayne Cohen adjourned the case until July 11.
Broderick, 42, of Mount Horeb, Wisc., faces counts of possession of
marijuana, ecstasy and LSD.
He was arrested March 14, 2002 when he tried to enter Canada at the
International Bridge.
During his trial in December, Broderick, who refers to himself as reverend
brother, described marijuana as a sacrament in the Church of the Universe.
He told the court he was on a pilgrimage to the church's headquarters in
Hamilton, Ont., when he was stopped at the bridge.
Broderick said he had ecstasy and LSD with him because he wanted to discuss
these substances with the church elders.
On Friday, he asked for an adjournment until after June 23 when the federal
court of Canada is scheduled to hear a case in Hamilton involving his
church elders and marijuana as a sacrament.
Federal prosecutor Marty Pawelek also noted the law regarding possession of
marijuana is "in limbo" in Ontario following a Windsor judge's landmark
ruling earlier this year.
The judge threw out a possession charge against a 16-year-old youth on a
legal technicality, saying the law is invalid, because the federal
government didn't fill a void created by an earlier judgment.
Since that time, Sault judges haven't been hearing trials or taking pleas
on marijuana possession charges and the matters are being adjourned.
Pawelek said the federal government's appeal of the decision was heard
March 11 in Windsor and the Superior Court justice reserved his decision.
Only one of the charges -- possession of marijuana -- Broderick faces is
affected by this, Pawelek added.
He suggested the court could hear the submissions on the other two counts
and then reserve decision until after the Windsor appeal ruling is made.
A second alternative would be to adjourn the submissions, Pawelek said.
Saying a "fair trial and a fit sentence" is the basis for Canadian law,
Cohen decided it would be "only fair to adjourn" pending the outcome of the
Windsor and Hamilton cases.
Pubdate: Sat, 15 Mar 2003
Source: Sault Star, The (CN ON)
Copyright: 2003 The Sault Star
Contact: Ssmstar@ssm.southam.ca
Website: Sault Star
charges were slated to take place Friday in Sault Ste. Marie.
But Ontario Court Justice Wayne Cohen adjourned the case until July 11.
Broderick, 42, of Mount Horeb, Wisc., faces counts of possession of
marijuana, ecstasy and LSD.
He was arrested March 14, 2002 when he tried to enter Canada at the
International Bridge.
During his trial in December, Broderick, who refers to himself as reverend
brother, described marijuana as a sacrament in the Church of the Universe.
He told the court he was on a pilgrimage to the church's headquarters in
Hamilton, Ont., when he was stopped at the bridge.
Broderick said he had ecstasy and LSD with him because he wanted to discuss
these substances with the church elders.
On Friday, he asked for an adjournment until after June 23 when the federal
court of Canada is scheduled to hear a case in Hamilton involving his
church elders and marijuana as a sacrament.
Federal prosecutor Marty Pawelek also noted the law regarding possession of
marijuana is "in limbo" in Ontario following a Windsor judge's landmark
ruling earlier this year.
The judge threw out a possession charge against a 16-year-old youth on a
legal technicality, saying the law is invalid, because the federal
government didn't fill a void created by an earlier judgment.
Since that time, Sault judges haven't been hearing trials or taking pleas
on marijuana possession charges and the matters are being adjourned.
Pawelek said the federal government's appeal of the decision was heard
March 11 in Windsor and the Superior Court justice reserved his decision.
Only one of the charges -- possession of marijuana -- Broderick faces is
affected by this, Pawelek added.
He suggested the court could hear the submissions on the other two counts
and then reserve decision until after the Windsor appeal ruling is made.
A second alternative would be to adjourn the submissions, Pawelek said.
Saying a "fair trial and a fit sentence" is the basis for Canadian law,
Cohen decided it would be "only fair to adjourn" pending the outcome of the
Windsor and Hamilton cases.
Pubdate: Sat, 15 Mar 2003
Source: Sault Star, The (CN ON)
Copyright: 2003 The Sault Star
Contact: Ssmstar@ssm.southam.ca
Website: Sault Star
