Canadian Supreme Court overturns conviction of pot activist

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Supreme Court strikes down conviction of pot activist

The Supreme Court of Canada has overturned the conviction of a medical marijuana crusader, ruling the trial judge erred by directing the jury to find the man guilty.

In a 7-0 judgment, the court granted a new trial to Grant Krieger of Calgary, who had been found guilty on charges of possession of pot for purposes of trafficking.

Krieger says he should have the right to distribute marijuana to people who need it to ease the pain of serious illness.

The judge at his trial in 2003 instructed the jury to "retire to the jury room to consider what I have said, appoint one of yourselves to be your foreperson, and then to return to the court with a verdict of guilty."

Two jurors objected, one on religious grounds and the other on grounds of conscience. They asked to be excused from the case, but the judge refused the request.

The top court ruled Thursday that the judge deprived Krieger of his constitutional right to a trial by jury when he gave his instructions.

"The trial judge's direction was not a 'slip of the tongue' to be evaluated in the context of the charge as a whole," the court wrote in its decision.

"His purpose and words were clear. In effect, the trial judge reduced the jury's role to a ceremonial one: he ordered the conviction and left to the jury, as a matter of form but not of substance, its delivery in open court."

Krieger himself suffers from multiple sclerosis and has legal permission to smoke pot for medical purposes.

He doesn't have permission from the federal government to supply it to others — but freely admits that he's done so anyway.
With files from the Canadian Press

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