Over the past few months, Ernie Yacub has been fighting charges of possession with the intent to traffic marijuana. After recently submitting a guilty plea, Mr. Yacub had the following statement:
“In court today I entered a plea to one count of possession for the purpose of trafficking (ppt) - crown dropped the second count from the second bust - my coaccused, Bill, gets a stay or dismissal on the first count (he wasn’t involved in the second bust).
The crown wants a six-month conditional sentence order (like probation), my lawyer, Kirk Tousaw, will argue for an absolute discharge at sentencing (in April), based on existing caselaw and the fact that I was providing cannabis to members of the North Island Compassion Club.
We still get to enter our affidavit evidence that the Health Canada Medical Marijuana Program (MMAR) is broken and that we were providing an essential service where the government has failed. Basically I’m walking away from a fight that they picked, saving me, and the taxpayers a ton of money.
I’m disappointed that I’m not going to get a front row seat in a trial that would expose yet again the failure of the MMAR, the lack of safe reliable access to Cannabis, the fear and pain patients have to endure, the boycott of the program by doctors, the stupidity of limiting access to dried cannabis etc.
If this had happened after November of last year, I would be dealing with the mandatory minimum regime which means the court has no discretion in sentencing - ie no conditional or absolute discharge.”
The folks behind Cannabis For Health wish Mr. Yacub all the best at his future sentencing date.