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·       ATTENTION: MEDICINAL MARIJUANA ADVOCATES & PATIENTS
If by JULY 11, 2011, Parliament has not complied with this judgment,
the Medicinal Marijuana Laws will become constitutionally
invalid and of no force or effect.

·       eMail us: iamm@iamm.com

University Press Articles

·       Stop Hiding Join Us.

·       Your Home is Your Castle

·       Question Authority?

·       A Matter of Life!

·       The Truth about Marijuana Laws

·       Health Canada Medicinal Marijuana Forms:

 


 

 


Stop Hiding - Join us!

Dear Brothers and Sisters, We must work together to re-educate our governments in the economic and human disaster in the enforcement of Marijuana Laws as an un-constitutional criminal act against all of God's creatures. 

Julius Caesar:
"Cowards die many times before their deaths;
but the Valiant never taste of death but once. 
Of all the wonders that I yet have heard.
It seems to me most strange that men should fear;
Seeing that death, a necessary end, Will come when it will come."
William Shakespeare


Rev. Brother Michael J. Baldasaro (left)

Rev. Brother Walter A. Tucker (right)

Outside the Guelph Court House 1986

Fighting for Clearwater Abbey

 

 Fighting for Justice over Clearwater Abbey!

Reverend Brother Michael J. Baldasaro & Reverend Brother Walter A. Tucker (Right), blanketing Guelph Provincial Court in 1986. All charges of trespassing on Church Lands at Clearwater Abbey are dismissed by Judge Bruce Payne at Guelph, Ontario. 

The Federal Crown Prosecutor previously dropped all cultivation of Marijuana charges, over our objections, because they did not want our claims to go before a jury. 

We were illegally removed from Clearwater Abbey  by 30 S.W.A.T. Ontario Provincial Police who refused to let us put on our clothes. Her Majesty's minions then chained us, wrapped us in orange plastic blankets, threw us into the back of a paddy wagon, dragged us away to a jail cell and then to court where we were forced to appear before a Justice of the Peace for a bail hearing, clad only in prison blankets. In the end, Judge Bruce Payne dismissed the bogus charges, once again over our objections, because the Prosecution refused to give us the full disclosure they undertook to do under Judge Payne's previous Orders.

The Churches claim of right to the Abbey was heard and dismissed by the Ontario Court of Appeal in the Spring of 1997, 11 years later.  An application for Leave to Appeal is pending before the Supreme Court of Canada.
We shall never quit fighting for our rights and freedoms!

 

Question Authority?

Confronted by authority your right is to remain silent. On private property you have the 
immediate right to see the Search Warrant. In public confrontations the same thing applies.
YOU ARE INVIOLABLE

 

Sample Question?

If I took your belt from you without your permission, 
how long will I  have to keep it before it becomes mine? - Answer

Your Home is Your Castle!

 

In 1981 the Supreme  Court of Canada confirmed the common law right in Colet v. 
The Queen that "The police are never justified in entering onto private property unless 
they first announce their presence and demonstrate their lawful authority with a warrant. 
It is unconstitutional for police to lie and misrepresent themselves and to hide their 
purpose in order to entrap anyone into violating any law.

 

In all cases you have the constitutional right to the counsel of your own choice before
answering any questions, either in and/or out of Court. Counsel includes your minister, 
family, and friends etc. and not just lawyers.

 

 The Truth about Canada's Marijuana Laws!

The Truth about Canada's Marijuana Laws!

 

Canada's legislation against God's Tree of Life, Marijuana was declared a federal civil non-criminal public health law by the Supreme Court of Canada in 1979 via its ruling in The Queen v. Patrick Arnold Hauser that Canada's Narcotic Control Act "is not a matter of criminal law."

Those of us convicted of Marijuana Offenses do not have a criminal record and should not allow ourselves to be treated like or referred to as criminals as if we had actually violated the Criminal Code of Canada. If charged and/or convicted we must demand that the court and no-one,  not the Judge, Jury, Media and especially  not the Prosecution refer to the charges, conviction and/or punishment as if it were criminal.

In 1995 Reverend Baldasaro was convicted at Hamilton, Ontario of Trafficking in Marijuana. The Chief Judge and the Crown Prosecutor kept referring to the charges as criminal, even to the jury, however when Reverends Tucker and Baldasaro objected the judge and crown were forced to concede that the proceedings were non-criminal and to refer to them as such before the jury and even at sentencing which ended in 1997 with a successful appeal as to sentence in the Court of Appeal for Ontario. 

NOT CRIMINAL! 

It is immoral for the state to make it appear that persons charged with and/or convicted of Marijuana/Drug Offenses  violated criminal law when their authority to act is based upon a federal non-criminal health legislation. Such misrepresentations and lies cause us to be stigmatized "Reefer Madness" as if we actually committed a grave criminal offence when in fact, we had not! 

The incorrect reference by the Justice System is biased and discriminating. The use of the word criminal in non-criminal matters illegally gives the perception of a violent offender and offence under the Criminal Code. It wrongly prejudices the judge, jury, media and public against an otherwise non-violent harmless defendant "victimless crime". Such misrepresentations of the circumstances surrounding such non-criminal matters constitutes cruel and unusual treatment and punishment and is un-constitutionally criminal and illegal to say the very least and has brought the administration of justice into disrepute. 

Our Justice System is currently painting everyone with the same brush, regardless of their offence and without any consideration to the degree of these non-criminal offenses. 

Proceedings under the Narcotic Control Act and/or the Controlled Drug and Substances Act can only result in a record for a conviction under those specific Acts. Only a conviction for a violation of the provisions of the of the Criminal Code itself could result in a Criminal Record upon conviction. 

The mere fact that criminal procedures and sanctions are being used by the prosecution in the criminal courts for non-criminal crimes such as drug and provincial offenses, i.e. Trespass to Property Actor a conviction for the crime of jay-walking  will not result in a criminal record is proof that one may have a Jay Walking Record and/or like myself and so many other Canadians, a Narcotic Control Act or Controlled Drug and Substances Act Record NOT CRIMINAL! See the Hauser decision cited below: 

.

Attorney General. In R. v. Hauser(1979), 46 C.C.C. (2d) 481, [1979] 1 S.C.R. 984, 8 C.R. (3d) 89

It was held (5:2) that the Attorney General of Canada has exclusive jurisdiction to control the proceedings in non-Criminal Code offenses where the particular offence does not depend for its validity on the criminal law power in s. 91(27) of the Constitution Act, 1867. In particular the Attorney General of Canada has power to prosecute offenses under the Narcotic Control Act, (Can.) since that Act is not a matter of criminal law, but rather falls within Parliament's general jurisdiction to legislate for the "peace, order and good government" of Canada.

 

In Hauser, the Supreme Court ruled  that Marijuana Laws, originally  prosecuted under the provisions of the Criminal Code of Canada were un-constitutional or ultra vires parliament and re-shuffled the Legislation under the Narcotic Control Act (now the Controlled Drugs and substances Act) a.k.a. the War Measures Act, (peace, order and good government) pursuant to the provisions of Section 91 of the British North America Acts, 1867 to 1997. known today as the Canadian Charter of Rights and Freedoms.

 

It wasn't criminal then and it is not criminal now. It is a 
non-criminal federal health law, un-constitutional under any guise!

Canada's Marijuana Offenders are currently  being prosecuted by the Attorney General of Canada on behalf of the Minister of Health Canada and not as criminals.

In criminal law there must be a victim and the complainant must be the victim of the alleged offense. Marijuana laws have always been referred to as victimless crimes. Reference: Hauser, supra and in the Criminal Code "complainant means" the victim of the alleged offense. 

We are being illegally prosecuted!

Administered by the Minister of National Health and Welfare, the provisions of the Marijuana Legislation, originally passed under the federal governments residual power to make laws for the peace, order and good government of Canada, are of no force or effect until locally adopted and proclaimed into force via the majority of voters in each Municipality across Canada just like Canada's Prohibition of Alcohol. Reference: Laskin's Constitutional Law, (1951) and R. v. Hauser

In 1991, Statistics Canada reported 33,275 Canadians arrested and treated like criminals because of their association with the Marijuana, Tree of Life culture and supposedly violating this public health law which is not even legally in force. 

We should be hiring more  health care professionals to treat health problems 
and not judges, lawyers, police, and jail guards etc. 

 

Answer: Your belt would NEVER be mine!

 

A MATTER OF LIFE!

NUMBER OF CANADIAN DEATHS PER YEAR 
according to Statistics Canada and the
Addiction Research Foundation nationwide in 1989. 

TOBACCO ... 36,000 
Not Including second hand smoke! 

ALCOHOL ... 18,000 
Not including 45% of all motor vehicle deaths each year at 2,000 

POISONING BY DRUGS, MEDICAMENTS ... 973 
Aspirin, anti-cold, alcohol deterrents, sedatives, vaccines,
tranquilizers, anti-depressants, hypnotic, heart, anti-coagulants etc.

TREE OF LIFE / MARIJUANA ...

Biblical: The Tree Heals and  extends life!
More Statistics...


ATTENTION MEDICINAL MARIJUANA ADVOCATES & PATIENTS

NOTICE: Because of the ruling of the Court of Appeal for Ontario marijuana laws remain in force until the appeal below is heard. Please read the judgment below for information on Doctors etc. and your Marijuana Regulations.
Full Story: CBC Ontario “Ontario marijuana laws remain until appeal”
http://www.cbc.ca/news/canada/toronto/story/2011/06/22/marijuana-court-appeal.html?ref=rss

By virtue of the Reasons for Judgment of Justice Taliano J.,
http://www.canlii.org/en/on/onsc/doc/2011/2011onsc2121/2011onsc2121.html
pronounced, April 11, 2011, in the Supreme Court of Ontario File No.: 1640/09,
[Citation:
R. v. Mernagh, 2011 ONSC 2121], (See Disposition below) s. 4 (possession) and s. 7 (Production/Cultivation) under the Marihuana Medical Access Regulations  were declared “constitutionally invalid and of no force and effect”. The Declaration of invalidity was suspended 3 months” and now extended till after the Appeal process.

WHAT THIS MEANS TO YOU?

Had the Court of Appeal not extended the declaration in invalidity until the appeal was heard then if by JULY 11, 2011, Parliament has not complied with this judgment, the Medicinal Marijuana Laws would have become constitutionally invalid and of no force or effect. It would therefore be lawful for anyone to produce and possess marijuana for medicinal purposes without a Doctors approval on an Application to Health Canada.


AND TAKE NOTICE THAT: If you want a license from Health Canada, and cannot find a Doctor who will prescribe Medicinal Marijuana, simply forward your application to Health Canada upon based upon the references at the conclusion of the case:

[5] This figure would include the patient witness MC whose evidence was presented in the Berin trial. Her request for medical approval of her application to Health Canada was rejected by 7 physicians in British Columbia. (Exhibit 21(i)) [6] The reference to 19 communities would not be accurate because several of the 21 patient witnesses testified that they tried to access marihuana through doctors in several communities. [7] See the affidavit of Jeannine Ritchot Exhibit 17 at p. 6.

EXCERPT FROM: COURT FILE NO.: 1640/09
Read full case here. http://www.canlii.org/en/on/onsc/doc/2011/2011onsc2121/2011onsc2121.html

DISPOSITION

[345] For the foregoing reasons, this court declares that:

1. The Marihuana Medical Access Regulations, SOR/2001-226 and the prohibitions against the possession and production of cannabis (marihuana) contained in sections 4 and 7 respectively of the Controlled Drugs and Substances Act, S.C. 1996, C. 19 are constitutionally invalid and of no force and effect;

2. This declaration of invalidity is suspended for a period of three (3) months;

3. The criminal charge against the applicant is permanently stayed;

4. The applicant is granted a personal exemption to possess and/or produce cannabis (marihuana) during the above noted period of suspension.

 

·       Health Canada Medicinal Marijuana Forms:
http://www.hc-sc.gc.ca/dhp-mps/marihuana/how-comment/applicant-demandeur/index-eng.php

 

 

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