North Island Compassion Club operator's lawyer seeks to have marijuana charge thrown out
Lawyer Kirk Tousaw has filed a notice in Courtenay Provincial Court to have charges dismissed against a Vancouver Island provider of medicinal marijuana.
Tousaw spoke to the media today (July 18) in Courtenay, where his client Ernie Yacub ran the North Island Compassion Club nonprofit society’s dispensary for seven years from his rented home.
Like all similar societies provincewide, NICC’s dispensary provided medicinal marijuana to people in the area for 12 years, Tousaw noted in the media release sent following the conference.
After never having a run-in with the law in his lifetime, Yacub's premises were raided in February 2011 by the RCMP; Yacub was charged with possession for the purpose of trafficking.
“It is outrageous that taxpayer dollars continue to be wasted investigating, arresting and prosecuting legitimate medical marijuana providers, particularly when the Health Canada scheme has been repeatedly found unconstitutional in the Courts,” Tousaw claimed.
Tousaw stated that he hoped the lower court would throw out the charges against Yacub and “rule that the federal government’s restrictive scheme violates the Charter rights of the NICC membership”.