Harm Reduction Club Constitutional Challenge

Harm
Reduction Club Challenge


In British Columbia, David
Malmo-Levine of the Harm Reduction Club finally had his day in court for charges
of trafficking. Malmo-Levine sold marijuana to anyone who wanted it, under the
condition that they take a pledge to use it responsibly.

In his decision, Judge Curtis
ruled that Malmo-Levine should serve a sentence of one year in the community,
during which time he is to refrain from smoking or dealing marijuana. As a condition
of his release into the community, Judge Curtis also ordered that Malmo-Levine
“find a job”.

David Malmo-Levine explains
that, “Judge Curtis’ decision to deny me a constitutional challenge was based
on the assumption that the Charter of Rights only protects fundamental personal
decisions. But to prevent scapegoating and genocide from ever happening again,
one’s right to make unimportant decisions, to make lifestyle decisions, to take
acceptable risks must also be protected. The harm principle, in Section 7 of
the Charter, guarantees the right to life, liberty and security of the person,
and not to be deprived thereof. Anyone engaged in a relatively harmless activity
should be protected. Even if it’s picking your nose or scratching your ass.”

Because Malmo-Levine’s case
was in the BC Supreme Court, it set a negative precedent for further constitutional
appeals in BC which are based on Section 7 of the Canadian Charter of Rights.

Messages can be left for
David Malmo-Levine care of Dan Loehndorf at Cannabis Culture: (604) 669-9069.


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