Pot Activist Not Giving Up


i wanna be cool too!
Oct 22, 2005
Reaction score
British Columbia, Canada

A Supreme Court justice in Chilliwack might have dismissed medical marijuana activist Brian Carlisle's application to get back his equipment this week but he still considers the court appearance a victory of sorts.

On Tuesday Justice William Grist told Carlisle he needed to make his application in a different forum, specifically a lower court.

"It's a matter for the provincial court judge's discretion," the judge told Carlisle. "You need to start your application anew."

What Carlisle got for his efforts was some direction on how to wade through the courts to get back his equipment.

Carlisle used to live in Chilliwack but more recently has been living in the Abbotsford area. He has a licence for medicinal marijuana.

His application began after Abbotsford police seized his equipment in early 2005. He was also applying to the court for a colleague, John Frist.

On Jan. 6, Abbotsford police busted Frist who was taking a supply of medicinal marijuana from fellow activist Tim Felger's to Carlisle. Carlisle had a right to grow the marijuana at the site but ended up losing his growing equipment in the bust. With no equipment and no legal supply, Carlisle has had to look to the underground sources for supplies.

"They haven't given me one piece of equipment back still," Carlisle said after his court appearance. "We're still having to buy black market pot....They're violating my charter rights."

He plans to pursue his case by arguing the action of seizing his growing equipment violates sections seven, 12 and 15 of the Charter of Rights and Freedoms. Section seven deals with the life, liberty and security for all Canadians; section 15 with equality under the law; and section 12 deals with cruel or unusual treatment or punishment, something he argues is the case because he has been forced to go to the black market. "They are putting me in harm's way."

Carlisle made his application in Supreme Court after going through the same process in 2003. At that time, Justice Linda Loo ordered his growing equipment be returned following their seizure by RCMP in Hope in June, 2001.

By sending the matter to provincial court to examine the charter issues, Justice Grist opted for direction from written law over the case law. Still, Carlisle was pleased his application will be going through the lower court, as it should simplify

his case when it comes to costs and travel time.

The application to have his equipment is just one of several cases that has cropped up as a result of the bust in January 2005. There are criminal charges pending against Felger and Frist. As well, Carlisle is planning a civil suit in Supreme Court to cover the value of his lost crop.

After he produces his own marijuana, he takes a large dose but not by smoking it. Carlisle suggests there are ways such as vapourizing and inhaling the cannibinoids, which come from the appendages on the plant known as trichomes. This process allows him to get his dose without having to smoke a large quantity of the drug, something that would irritate his respiratory system.

Carlisle said most of the plant, outside of the trichomes, has no medicinal value. Yet, by having to the buy the material from illegal sources rather than produce it himself, he estimates it can cost between $300 and $600 a day, if he is to get a proper dosage of tetra hydra cannibinols, otherwise known as THC.

"I have a licence, I need my equipment and I can produce," he said.