Charter Challenge Coming from BC Medical Marijuana Activist

Comox Valley activist Ernie Yacub is preparing to take his fight for the public’s right access medical marijuana to court on March 4 when he’ll challenge the constitutionality of the laws governing medical pot and the way it’s controlled.

After appearing briefly in Courtenay Provincial Court Tuesday, Yacub and his lawyer Kirk Tousaw confirmed that they plan to challenge the validity of the Controlled Drugs and Substances Act as it applies to cannabis used for medical or therapeutic purposes under the Canadian Charter of Rights and Freedoms.

“Section Seven of the Charter which guarantees life, liberty and security of the person is violated when you criminalize sick people and their caregivers like Mr. Yacub for providing them that which the government has not done to date – a safe and effective source of cannabis and cannabis-based medicines,” said Tousaw. “Most critically and chronically ill Canadians that can’t access a compassion club go to traditional black market sources. They’re buying from the street at inflated prices, product of uncertain quality, unknown derivation and so compassion clubs fill a legislative void.”

Yacub, who has long been involved with the North Island Compassion Club, was charged with possession of a controlled substance with the purpose of trafficking after RCMP raided the club in 2011. RCMP seized several pound of marijuana from the club, which was operating out of Yacub’s home on Sixth Street in Courtenay.

– Read the entire article at