richinweed
Active Member
points been lost....i drop it as idgaf,about personal agendas.
This is the way it has ALLWAYS been in canada.if you want to smoke for free then grow a couple plants and keep your mouth shut and you will be safe.
i drop it as idgaf,about personal agendas.
....................like...................I agree with corbat, In the end if you want to smoke for free then grow a couple plants and keep your mouth shut and you will be safe. Now this is a business and I want a piece of the pie. Why shouldn't I? I have a large investment and have to be prepared for everything. The bigger the risk the higher the reward. Right?
All criminal code offences are federal.Provinces don't have the authority to enact criminal laws.Wow. are you American, or just stupid? im not talking about BILL's, i'm talking about CONFEDERATION. http://www.collectionscanada.gc.ca/confederation/index-e.html
http://www.bclaws.ca/
http://en.wikipedia.org/wiki/Quebec_law
http://www.heritage.nf.ca/law/default.html
....................... C'mon now Y'all. doo sum Searchin' before ya Shoot yer mouth off
P.S: this is Seriously saddening people.... if you DO live in the country, learn the damn laws......
LOL? OK. done. http://www.bclaws.ca/EPLibraries/bclaws_new/content?xsl=/templates/toc.xsl/group=A/lastsearch=/ <-- Library of ALL BC laws.Ya you're right just talking out my ass.
Show me one criminal law in your links? there are none because the province doesn't have that authority.
Why isn't theft on there? DUI? possession of cocaine? are those legal there? LOL what you quoted are acts not laws.The only laws we have are the criminal code which is federal.LOL? OK. done. http://www.bclaws.ca/EPLibraries/bclaws_new/content?xsl=/templates/toc.xsl/group=A/lastsearch=/ <-- Library of ALL BC laws.
Armoured Vehicle and After-Market Compartment Control Act [SBC 2010] c. 8 <-- Criminal.
Access to Abortion Services Act [RSBC 1996] c. 1 <-- criminal. "11 A provincial constable or municipal constable, as defined in section 1 of the Police Act, may arrest, without a warrant, a person whom the constable believes on reasonable and probable grounds has committed or is committing an offence under this Act."
Body Armour Control Act [SBC 2009] c. 24 <-- Criminal
British Columbia Wine Act [RSBC 1996] c. 39 <-- Criminal (Specifically makes it ILLEGAL to bring alcohol across the BC border.....it deals with drugs )
Building Safety Standards Act [RSBC 1996] c. 42 <-- Criminal standards. you CAN be charged with murder for not meeting standards and causing a death.....
Those are just the A's and B's. i could go through the other 24 letters..... but by now, hopefully you get the point.
P.S: Wikipedia isn't a source. im going to go onto the Link you posted, and change it just to PROVE its not a reasonable source.... http://en.wikipedia.org/wiki/Criminal_law_of_Canada <-- i "Fixed" it by removing thw WHOLE section about the provinces.... eat that....
Because those are federally written and Provincially accepted.... Which is why Marijuana is a gray area... the BC government has their own marijuana legislation, which goes against federal legislation and creates a gray area.Why isn't theft on there? DUI? possession of cocaine? are those legal there? LOL what you quoted are acts not laws.
Jurisdiction of Provincial Court Judges
Absolute Jurisdiction
Marginal note:Absolute jurisdiction
553. The jurisdiction of a provincial court judge, or in Nunavut, of a judge of the Nunavut Court of Justice, to try an accused is absolute.
BC does not have their own marijuana laws.If they do I would like you to show me the proof.Its not a grey area at all.I could tell you why BC gets lighter sentences but this is far to much fun.Because those are federally written and Provincially accepted.... Which is why Marijuana is a gray area... the BC government has their own marijuana legislation, which goes against federal legislation and creates a gray area.
As for what i quoted "Not being actual laws" then why are they punishable with Prison sentances?? Common sense, they are Laws....
Heres from YOUR LINK, since you probably haven't actually read it...
See where it says Provincial judges jurisdiction is ABSOLUTE.... that means the Provinces, and the territorial judges of Nunavit have ABSOLUTE power. AKA, What the provinces says, goes.
Thank you for providing me with the information to definitively prove you wrong.....
http://news.nationalpost.com/2012/04/13/b-c-judge-strikes-down-some-medical-marijuana-restrictions/ <-- BC Supremem court Over-rules Federal restrictions? How is that possible if what YOUR saying is true?BC does not have their own marijuana laws. I could tell you why BC gets lighter sentences but this is far to much fun.
SECHELT, B.C. - Councillors in a rural community on the Sunshine Coast, north of Vancouver, have given second reading to a proposed bylaw allowing medicinal marijuana grow ops on land zoned for industrial use.
proof? what proof? i bet that's the next thing that's going to come out.Justice Robert Johnston ruled the federal medical marijuana access regulation that allows permitted users to only possess dried marijuana is unconstitutional on Friday in Victoria.
Thats for medical marijuana.Its still illegal to grow in bc if your not legal the same as the rest of canada.http://news.nationalpost.com/2012/04/13/b-c-judge-strikes-down-some-medical-marijuana-restrictions/ <-- BC Supremem court Over-rules Federal restrictions? How is that possible if what YOUR saying is true?
http://www.huffingtonpost.ca/tag/marijuana-laws-bc <- BC Marijuana Laws source page.
proof? what proof? i bet that's the next thing that's going to come out.
its funny how i consecutively prove you wrong, and you just stutter back to the plate.... its kind of like debating with a Conservative
see, now your changing the arguement away from the point, which is: Provincial judges dont have to follow federal Law.Thats for medical marijuana.Its still illegal to grow in bc if your not legal.
Im not changing my stance at all.So you don't think the new crime bill will take effect in BC then?see, now your changing the arguement away from the point, which is: Provincial judges dont have to follow federal Law.
Simple fact of the matter is Judges in BC don't charge people if they have less than 150 plants... unless there are children in the household (which is another completely different charge ..)
You tried to change the topic away from Provincial enforced laws by saying:Im not changing my stance at all. So you don't think the new crime bill will take effect in BC then?
When thats not true. judges BC wide have said they will NOT charge people for less than 150 plants. making it a legal gray area for having 1-149 plants.....Thats for medical marijuana.Its still illegal to grow in bc if your not legal.
No I said the criminal code of canada is federal.Provincial government has no jurisdiction in the making of criminal law.Provincial laws are stuff like wildlife violations,traffic offenses, environmental offenses.NOT criminal.You tried to change the topic away from Provincial enforced laws by saying:
When thats not true. judges BC wide have said they will NOT charge people for less than 150 plants. making it a legal gray area for having 1-149 plants.....
it wont be ENFORCED in BC, just like the rest of the marijuana laws. that doesn't mean it wont take effect. Ignorant cops are still going to arrest people, and the judges are still going to throw the cases out because they are a waste of money.
The biggest thing you have confused: The RCMP are federal, the courts are NOT. you can be arrested and charged federaly, released to never goto court again because no judge will enforce the charge.
Long story short: Mandatory minimums wont effect growers in BC, and probably wont effect quebec growers. BC growers (Along with Quebec growers) will continue to flood the market (Like we allways have..) and we will contiune to set the prices for marijuana Canada wide.
ab·so·lute
Noun:A value or principle regarded as universally valid or viewed without relation to other things.
pow·er
Noun:The ability to do something or act in a particular way, esp. as a faculty or quality.
http://www.cjc-ccm.gc.ca/english/resource_en.asp?selMenu=resource_judges_en.aspProvincial and territorial superior courts
Every province and territory has a superior court. Their names many differ – the Supreme Court, the Court of Queen’s Bench or the Superior Court – but they all have essentially the same jurisdiction and perform the same function in every province and territory.
The superior courts have jurisdiction over most legal issues unless a specific statute states that they do not have jurisdiction. They hear most types of cases, including serious criminal offenses, civil cases involving large sums of money, and divorce cases. They also hear appeals from the lower level provincial courts.
Federal Courts
The federal court system runs parallel to the provincial and territorial court systems. In contrast to provincial or territorial superior courts, which have jurisdiction over most matters, federal courts can only deal with matters that are specified in federal legislation.
The Federal Court can hear cases about:
An appeal from the Federal Court goes to the Federal Court of Appeal, then to the Supreme Court of Canada.
- disputes between the provinces or territories;
- disputes between a province or territory and the federal government;
- intellectual property (e.g., copyright issues);
- citizenship appeals;
- cases dealing with the Competition Act; and
- cases involving federal Crown corporations (e.g., Canada Post) or departments of the Government of Canada.
The case was thrown out due to violations of his charter rights.It had nothing to do with the legality of cannabis.People in BC get tried and convicted of cultivation all the time under 150 plants.But now the judges have no say in the sentences.If you are convicted of cultivation or trafficking you will get a mandatory minimum sentence.which is again chaingeing the point.
The point is: Provincial judges dont have to enforce federal law, therefor provincial Laws and Bylaws trump Federal law.
Under the Criminal Code of canada (553.) Provincial judges have ABSOLUTE POWER in canada. you obviously don't understand what that means.
Meaning a Provincial judges Decision is Accepted canada wide, without contempt... Therefor under the criminal code of canada Provincial judges decide what laws to enforce in their province....
http://www.cjc-ccm.gc.ca/english/resource_en.asp?selMenu=resource_judges_en.asp
If Provincial judges say its LEGAL to have up-to 150 plants, then Guesss what? Its LEGAL to have up to 150 plants. its called a Legal-gray area.
P.S: Just to prove it: http://www.courts.gov.bc.ca/jdb-txt/SC/11/14/2011BCSC1483.htm
September 2011. the judge threw out a case of 500~ Plants because the cops only waited 1 full minute to smash the door down....they "didn't give him fair warning".... that's not a reason to throw a case out, they simply refuse to charge growers.
See, thats the thing you dont seem to understand.If you are convicted
................100% true...and oh corbut.... and i am from bc ...Why isn't theft on there? DUI? possession of cocaine? are those legal there? LOL what you quoted are acts not laws.The only laws we have are the criminal code which is federal.
http://laws-lois.justice.gc.ca/eng/acts/C-46/