Tilter Posted July 24, 2011 Report Posted July 24, 2011 Indian Act. Section 85.1 (1) (By-laws relating to Intoxicants) Subject to subsection (2), the council of a band may make by-laws (a) prohibiting the sale, barter, supply or manufacture of intoxicants on thereserve of the band; ( prohibiting any person from being intoxicated on the reserve; © prohibiting any person from having intoxicants in his possession on thereserve; and (d) providing for exceptions to any of the prohibitions established pursuant to paragraph ( or ©. Marijuana is a traditional product that was grown and used by the Haudenosaunee. Under the Charter that remains an aboriginal right. So, no one on a reservation may possess gasoline, Acetate, airplane glue, some "liquid nail" brands, caulking tubes etc. No wonder the housing is classed as inadequate --- The NNAs can't caulk the cracks in the houses. Quote
Oleg Bach Posted July 24, 2011 Report Posted July 24, 2011 Just the same the Chief over-stepped his authority. Under the Indian Act the Council is required to approve the search and seizure warrants before any outside police or government agency steps foot on the Territory. That violates the accused Charter Rights just as a falsely obtain search warrant, or seizure without warrant would. They always bring up the Charter when they want to protect the bad citizens - but never use the Charter to protect good ones harmed by Draconian laws? Quote
Guest Peeves Posted August 25, 2011 Report Posted August 25, 2011 Although I do not support Marijuanna prohibition or the government directing the choices of informed adults regarding choices that affect themselves I do think this is great news. Organized crime must be fought where and when it is found, from what is presented in this story it sounds like this is a good example of organized crime. After reading about the ring leader and his very lengthy list of previous convictions I have to wonder how severe his sentence will be, given that last time he was caught he only recieved a two year suspended sentence. Big Bust Quote
Guest Peeves Posted August 25, 2011 Report Posted August 25, 2011 My only opinion is garnered from interviews and commentary on the subject of First Nation organized crime. Apparently it is a major crime element on the borders of the USA and Canada, and the authorities are too scared to death of the uproar of violence/civil disobedience if they touch it. Quote
Remiel Posted August 25, 2011 Report Posted August 25, 2011 Under Canadian Law, can a prohibited substance even be considered the " property " of the person who has it in their possession? I mean, the Act may seem clear about seizure of personal property, but it does not necessarily address what counts as personal property. Even if they can, it does not necessarily mean that anyone other than the root producer could be properly considered the owner, because it seems any sale who be considered a void contract under the law. Remember, some of what they seized was harder drugs. I am betting, for instance, they were not growing cocaine on the reserve. Quote
charter.rights Posted August 25, 2011 Report Posted August 25, 2011 Under Canadian Law, can a prohibited substance even be considered the " property " of the person who has it in their possession? I mean, the Act may seem clear about seizure of personal property, but it does not necessarily address what counts as personal property. Even if they can, it does not necessarily mean that anyone other than the root producer could be properly considered the owner, because it seems any sale who be considered a void contract under the law. Remember, some of what they seized was harder drugs. I am betting, for instance, they were not growing cocaine on the reserve. Marijuana is not a prohibited substance in the possession of First Nations people. Their possession of all traditional medicines, including peyote and other hallucinogens are a protected right under the Charter. It may also be traded among other aboriginal people. Quote “Safeguarding the rights of others is the most noble and beautiful end of a human being.” Kahlil Gibran “Great spirits have always encountered violent opposition from mediocre minds.” Albert Einstein
Remiel Posted August 25, 2011 Report Posted August 25, 2011 Marijuana is not a prohibited substance in the possession of First Nations people. Their possession of all traditional medicines, including peyote and other hallucinogens are a protected right under the Charter. It may also be traded among other aboriginal people. Sure, maybe. That could mean however that the police did wrong it seizing marijuana, but that they were well within their rights to seize the " cocaine and designer drugs " . Quote
charter.rights Posted August 25, 2011 Report Posted August 25, 2011 Sure, maybe. That could mean however that the police did wrong it seizing marijuana, but that they were well within their rights to seize the " cocaine and designer drugs " . Nope. They violated the Mohawk's Charter rights.Search and seizure on any reserves MUST be approved by the Band Council BEFORE the execution. The Supreme Court has held that Provincial Court orders are not applicable on reserve. Therefore, it the search warrants were executed improperly, it will mean the charges will be thrown out. Quote “Safeguarding the rights of others is the most noble and beautiful end of a human being.” Kahlil Gibran “Great spirits have always encountered violent opposition from mediocre minds.” Albert Einstein
Remiel Posted August 26, 2011 Report Posted August 26, 2011 Nope. They violated the Mohawk's Charter rights.Search and seizure on any reserves MUST be approved by the Band Council BEFORE the execution. The Supreme Court has held that Provincial Court orders are not applicable on reserve. Therefore, it the search warrants were executed improperly, it will mean the charges will be thrown out. Does not mean anyone is getting the coke back. Quote
AngusThermopyle Posted August 26, 2011 Author Report Posted August 26, 2011 (edited) Marijuana is not a prohibited substance in the possession of First Nations people. Their possession of all traditional medicines Nonesense, at least the part regarding Cannabis. Cannabis is not a traditional Native medicine at all. In fact Cannabis is a plant that is not native to the America's. It is a plant that originated in Asia and was largely spread by the Roman Empire. When Europeans came to this continent they brought the plant with them as it is extremely usefull. As such Natives have absolutely no claim to it as a traditional medicine. If you are going to post regarding this subject the least you can do is a little research on it. Here's a link for you. Cannabis, commonly known in the United States as marijuana, is a wondrous plant an ancient plant and an ally of humanity for over ten thousand years. The profound impact Cannabis has had on the development and spread of civilization and conversely, the profound effects weve had on the plants evolution are just now being discovered. Cannabis was one of the earliest and most important plants placed under cultivation by prehistoric Asian peoples. Virtually every part of the plant is usable. From the stem comes hemp, a very long, strong fiber used to make rope, cloth, and paper renowned for durability. The dried leaves and flowers become the euphoriant, marijuana, and along with the root, are also used for numerous medicines. The seeds were a staple food in ancient China, one of their major grains. Cannabis seeds are somewhat unpalatable and are now cultivated mainly for oil or for animal feed. The oil is similar to linseed and is used for paint and varnish making, fuel, and lubrication. Cultivated Cannabis quickly spread westward from its native Asia and by Roman times hemp was grown in almost every European country. In Africa, marijuana was the preferred product, smoked both ritually and for pleasure. When the first colonists came to America they, quite naturally, brought hemp seed with them for rope and homespun cloth. Hemp fiber for ships rigging was so important to the English navy that colonists were paid bounties to grow hemp and in some states, penalties were imposed on those who didnt. Prior to the Civil War, the hemp industry was second only to cotton in the South. Today, Cannabis grows around the world and is, in fact, considered the most widely distributed of all cultivated plants, a testimony to the plants tenacity and adaptable nature as well as to its usefulness and economic value. Unlike many plants, Cannabis never lost the ability to flourish without human help despite, perhaps, six millennia of cultivation. Whenever ecological circumstances permit, the plants readily escape cultivation by becoming weedy and establishing wild populations. Weedy Cannabis, descended from the bygone hemp industry, grows in all but the more arid areas of the United States. Unfortunately, these weeds usually make a very poor grade marijuana. The Truth Edited August 26, 2011 by AngusThermopyle Quote I yam what I yam - Popeye
Smallc Posted August 26, 2011 Report Posted August 26, 2011 You're surprised that there was something wrong with his facts? Quote
GostHacked Posted August 26, 2011 Report Posted August 26, 2011 (edited) Well I hate to disapoint you Oleg but this situation really doesn;t have anything to do with government corruption, other than the possibility of stupid non-sentences that may be handed out. This is organized crime and I don't think they learned it from some shadowy group of old white guys controlling everyones destiny, sorry. These are the same guys who will prevent you from growing even hemp, because they think you can smoke it and get high off it. Yes they are indeed corrupt. Also most pharmecuticles are made with illegal or 'controlled substances' (drugs made from opiates and cocaine)which is an oxymoron because they are not controlled at all. I used to work for an inventory company and was one of the selected few trusted with counting the drugs in a pharmacy, I was blown away to find out that a 15gram bottle of cocain costs the pharmacist about 15 bucks, this was over a decade ago mind you. I'll take pot over any kind of prescription medicine anyday. At least the disclaimer on pot would be 'May produce drowsiness, a sense of calm and in very rare occasions, the munchies. Zoloft? http://chealth.canoe.ca/drug_info_details.asp?channel_id=0&relation_id=0&brand_name_id=375&page_no=2 Although most of the side effects listed below don't happen very often, they could lead to serious problems if you do not seek medical attention.Check with your doctor as soon as possible if any of the following side effects occur: abnormal burning or prickling sensation (usually found in hands, arms, legs, or feet, but may occur anywhere in the body) abnormal increase in muscle tension breast tenderness or enlargement changes in vision, including blurred vision decreased touch sensitivity fast or irregular heartbeat fast talking and excited feelings or actions that are out of control feeling of detachment from self fever inability to sit still low blood sodium (confusion, seizures, drowsiness, dryness of mouth, increased thirst, lack of energy) muscle pain nosebleeds paranoia (suspicions of people, organizations, or situations, with no basis in reality) red or purple spots on skin restlessness ringing in ears serotonin syndrome (diarrhea, fever, increased sweating, mood or behaviour changes, overactive reflexes, racing heartbeat, restlessness, shivering, or shaking) skin rash, hives, or itching twitching unusual or sudden body or facial movements or postures unusual secretion of milk (in women) You may be happy to know however that our gov is already dealing weed. PPS have been growing it under government license and selling to registered medical marijuana users for years. Apparently the stuff is overpriced crap with practically no medicinal value. The corruption continues. Typical of most gov ventures actually. Now they wish to expand their scope of operations. Until now it has been possible to obtain a license to grow for medicinal purposes, not many have been granted,but some have. Now they are looking at eliminating these licenses and instead letting big pharma concerns grow it instead. But there is no corruption. They cite quality control as one of the principle reasons for this change. A concern they list is that they don't know what is used to grow this stuff currently. Just a little research will show this concern to be a total red herring as medicinal growers pride themselves on being 100% organic, no chemicals or artificial hormones. It would appear that this is just another example of gov interference and tightening of control over citizens. What I find reprehensible is the cynical manner in which sick people are being used as pawns in a pretty apparent agenda. Greed and corruption. Edited August 26, 2011 by GostHacked Quote
AngusThermopyle Posted August 27, 2011 Author Report Posted August 27, 2011 Actually GH I agree with you. The point I was making to Oleg is that these guys didn't secretly consult with some mysterious shadowy group of old white power mongering guys in order to solicit advice on how to set up an organized crime ring. That is something they appear to have done all on their own. The way Oleg talks one gets the impression that they simply called the 1-800 corruption is us help line for all their illegal needs. As I said, I agree with you. The stance that Harper is taking is actually very dismaying to me. When I look at his attitude towards Marijuana I am forced to wonder if he is merely extremely ignorant and unwilling to learn regarding this subject or if he is actually compelled by a cynical and somewhat mallicious motive to profit and generate revenue by victimizing and criminalizing a large segment of the population. When one actually looks at this plant rationally it becomes very hard to understand why those in power go to such lengths to stigmatize it. Much like soy it has a multitude of uses, aside from its many medicinal properties that is. For instance it provides a viable alternative to Ethanol as a fuel, the seeds can provide food and oil, the fibres clothing and other products requiring fibrous matter. If we startd commercially growing it we could generate income and also help the environment in a very significant way. That is why I find it so irrational to waste resources and time, ruin peoples lives and ignore something so beneficial in the name of fabricated boogey men generated from a basis of apparently willfull ignorance. Quote I yam what I yam - Popeye
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