You nailed it exactly realmed we hear about these great and valid arguments, but you still gotta fight em out,
I naively thought crown dropped charges on med grows like at some point when they apparently did
But if crowns boss directs them as to present policy which is to take each case to a conclusion
Then you gotta fight and at that point I would recommend shooting for a guilty plea on the condition crown considers
Your medical needs . Crown will agree to not seek a custodial sentence if you can prove your medical,
So you go into your one day sentencing hearing, dump on crowns lap your medical proof,
Reference letters, sad story etc, crown will ask fir a one year house arrest with having to be home
Six days a week 23 hours a day. Your lawyer , id recommend tousaw, gets up and pitches you as medical,
There is no room hear for challenges constitutionality due to sheer cost, so
Judge goes away with a bunch of case law in his lap from crown and defense,
Defense asks for absolute discharge,
Judge goes away for lunch and you will come back with either an absolute discharge, or conditional
Great win ya, plus the fallout,
Plus EVERYONE who gets a discharge gets a ten year weapons ban, so
Even years after your record gets expunged, your weapons ban will be on ne computer,
Have fun at roadside stops...
You are preaching to the choir, but most mmar patients have meager funds with which to defend themselves against the government. Proving all of the above without a high priced lawyer would be an uphill battle for the healthiest and wealthiest.
Not to mention the fact that legal aid will not pay for a lawyer in BC unless the crown is asking for a custodial sentence. So an uneducated med patient is left battling the crown and getting stomped into the ground because the crown has 1000 angles and the med patient does not even understand the rules of evidence.
yiy