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.

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  1. Djaan on

    gutrod, you nailed are close to the truth.

    The drug warriors have successfully indoctrinated a large portion of society to despise and condemn cannabis users. In a society where anti-hate laws are vigorously prosecuted, persons who depend on cannabis’ pain and stress relieving abilities to make their lives bearable are routinely reviled, cursed at, hated and judged worthy of even death. No other minority group would suffer this kind of evil hatred without suing the offenders til they bleed.
    Be careful you who feel you can spew hatred without consequence. We have reached the tipping point. The hatred you have dished out is being noted. You yourselves are being identified and the day of turnabout is near. What has gone around WILL come around.

    People who disseminate hatred towards cannabis users, you have been served notice. You do not have impunity. Just as charges have been laid in other breaches of law long after the offense, there will be charges laid for those, especially those in government who have promoted and endorsed an attitude of hatred towards cannabis users.

  2. gutrod on

    I don’t understand why the Canadian government is wasting so much valuable time and resources persecuting the Medicinal marijuana community. When you look at all the people involved, none of them look like hardened criminals. They all look harmless and for good reason. Most Canadians would object to their tax dollars wasted in this manner. As usual, the only people to profit from this whole mess will be organized criminals and extra law enforcement that are required to enforce prohibition. This is not the type of freedom our troops gave their lives for in Afghanistan. It should be freedom for all Canadians, even marijuana users who are human too.

  3. CanadianGiant on

    Hi Ernie,
    I can relate to your story in so many ways , but i yet to open a dispensary. I would like open a dispensary in my small city.MMAR lisence holders are buying crappy cannabis from the federal government, and most are too sick to travel, to buy their medicine.Even though most compassion club dispensaries have a mail order option, the prices are so high for the cannabis ,plus shipping charges.
    Good luck on your challenge to the charter(7). My case is very similar to yours, and i want to argue in court, the validity of the search warrant to raid my home, and the same charter , your lawyer is contesting, which is “Section seven”, under the Canadian Charter of Rights and Freedoms.Good luck Ernie.