Judge rejects accused’s story

B.C. man claims he was transporting medical marijuana to Toronto users

The claim by a B.C. man he was transporting 38 kilograms of marijuana to medical users in Toronto when he was stopped near Lake Louise three years ago was rejected Tuesday by a Calgary judge.

Court of Queen’s Bench Judge Craig Jones found John Dale Brown’s claim he was delivering drugs for licensed growers in B.C. to people requiring marijuana didn’t provide him with a defence.

Brown, a medical marijuana user himself for arthritic pain, was stopped by Mounties near Lake Louise on April 9, 2013.

An officer pulled over Brown, 67, for following a semi-trailer too closely on the TransCanada Highway as he travelled eastbound that evening. But when the constable detected the smell of marijuana he told Brown he was being arrested for possession.

Despite several requests to get out of his rental car, Brown refused to exit until several other Mounties arrived on the scene.

At trial, Brown said he refused to co-operate with the demands to get out of his car because he believed police needed a warrant to search the vehicle.

But Jones accepted police expert evidence the conduct was more consistent with someone in possession of the drug for the purpose of trafficking.

Brown testified he had several legal pot growers ask him to take marijuana to Toronto for delivery to medicinal users.

He said he and some associates packaged the product and he drove from Vancouver Island with the intention of delivering the drugs when he arrived in Toronto, where he was going to visit relatives.

He said he was to receive information on those clients authorized to purchase the product once he arrived.

Jones said Brown didn’t comply with regulations for the proper transportation of marijuana to those entitled to buy it.

And the judge also cast doubt on Brown’s claim the drugs were destined for medical users.

“I have difficulty accepting Mr. Brown’s story,” Jones said.

He said it was not believable Brown would drive 4,400 km in late winter or early spring to make such a delivery.

Court heard the drugs had a street value of $379,420.

Defence lawyer Cary Rodin still intends to make a constitutional challenge on behalf of Brown, who remains at liberty.

Rodin will argue that the regulations that permit the legal transportation of marijuana are too vague and incomplete, resulting in a lack of clarity for his client.

That application is set for Nov. 10.