Meanwhile, Reverends Tucker and Baldasaro are also fighting marijuana charges stemming from the bust. Although they are in court on January 11, they still don’t know who the prosecutor is, and they still haven’t received full disclosure. Under full disclosure laws, the defense has the right to see all evidence that has been collected against them before the trial date.
“The police video that they took [during the raid]has only video, no audio,” said Reverend Baldasaro. “One constable admitted that the other constable, a Constable Reed, didn’t get along with his brother because his brother smoked marijuana. I asked him, ‘why don’t you go and arrest your brother then.’ The video ran for about half an hour and we got about five minutes of tape.”
Ottawa refuses to reveal the identity of the prosecutor in the case, since the last prosecutor relieved himself of duty after being charged with malicious persecution by the two Reverends (CC#29 Busted Updates).
Brothers Tucker and Baldasaro plan to argue that the Controlled Drugs and Substances Act (CDSA) is unconstitutional given the Parker/Clay decision of last summer, which ruled that the CDSA violates the Canadian Charter of Rights and Freedoms, but gave the government one year to change the laws.
The brothers are also continuing with their battle for the recognition of their constitutional rights to use cannabis as a sacrament.
“We have heard from the prosecutor before, ‘what if their religion was for sacrificing babies ? what if your honor?'” recalled Baldasaro. “It’s a hypothetical insult.”
According to Baldasaro, the prosecution expected to have the case thrown out as “frivolous and vexatious,” and hadn’t filed an affidavit of motions by the required date, which lists all the evidence that the attorneys plan to use in the case. When the judge ordered that the case proceed, the crown prosecutor was left without any evidence. The reverends expect a court date within 60 days.