Join our Constitutional Challenge instead
Randy Cain was charged with possession of half a gram of marijuana in June
He and his lawyer, John Conroy, are in the process of challenging cannabis
you are charged with simple possession of cannabis, don’t plead guilty!
Instead you should join in with Randy and John’s
This will adjourn your case to await the outcome of Regina
v. Caine. We expect to go all the way to the Supreme Court of Canada, and
this could take as long as five years!
So why plead guilty and get a criminal record when you can postpone your
trial for up to five years, and also be working towards a total victory? If
we’re successful you’ll never even have to go to trial.
Tell your Lawyer
Your lawyer should ask the Crown Prosecutor to adjourn your case pending
the outcome of the Caine challenge. If the Crown Prosecutor does not agree
to this, then have your lawyer contact John Conroy’s office and make
arrangements to file a notice of constitutional challenge. This will make
the prosecutor see that you are serious.
If the prosecutor still does not agree to adjourn your case pending the
decision on the same point in Caine, then the next step is to have your
case set for argument on the same point. The chances are that no date
requiring two full days for argument will be available prior to the dates
set for Caine. Also, the trial coordinators and the courts themselves will
not want to tie up two courts on the same point.
If you want to do this yourself without a lawyer, copies of the
constitutional notice and of the written argument can be obtained through
Cannabis Canada or John Conroy’s office. A reasonable contribution
to the challenge should be made to help cover the considerable expenses
involved in putting forward this challenge and providing this material.
The Caine Case
The Caine case rests on two sections of the Canadian Charter of Rights and
Freedoms, Section 7 and Section 1.
On November 27th and 28th, John Conroy will argue that cannabis prohibition
affects one’s liberty and the security of one’s person, and does so in
violation of the principle of fundamental justice, which is that for
something to be “criminal”, there must be some public wrong involving
demonstrable harm to others or to society as a whole.
If Her Honour Judge Howard agrees, then the Crown will be given an
opportunity to try and demonstrably justify the Section 7 violation as a
reasonable limit in a free and democratic society. The date for this has
already been set for March 21 and 22, 1996. The court will most likely
reserve its decision until a later date.
Regardless of this decision, this case will undoubtedly be appealed to the
B.C. Supreme Court, the B.C. Court of Appeal, and then the Supreme Court of
There were about 36,000 people charged for cannabis offences in 1993, and
over two-thirds of these were charges of simple possession. Just think what
the effect will be if we are able to prevent all Canadians from being
convicted of simple possession for at least the next five years, and maybe
This is an excellent opportunity for anyone that has been charged with a
drug offence to help themselves, and also make a real contribution to
ending prohibition in Canada.
Where to go
The Caine case is presently set to be argued in the Surrey Provincial
Courthouse on November 27th, starting at 1:30pm, and continuing the
John Conroy’s Office:
Conroy, Hammond & Company
Click herefor Cannabis On Trial,
two more challenges that need your support.