The law really can be an ass sometimes

THE CLIPPINGS FILE — This column was originally published Nov. 5, 2011 in the Kamloops Daily News. Yesterday, Wednesday, charges against Carl Anderson and his business partner of possession of a controlled substance for the purposes of trafficking — which resulted from the situation described in the column — were stayed in provincial court.

By MEL ROTHENBURGER

There’s a passage in Charles Dickens’ Oliver Twist in which Mr. Bumble is accused of stealing some jewelry. Mr. Bumble, not a particularly sympathetic character, blames the theft on his wife.

“You were present on the occasion,” a lawyer tells him. “And, indeed, you are the more guilty of the two, in the eye of the law; for the law supposes that your wife acts under your direction.”

“If the law supposes that,” replies Mr. Bumble, “the law is a ass — a idiot. If that’s the law, the law is a bachelor; and the worst I wish the law is, that his eye may be opened by experience — by experience.”

If only the law were based on experience and its partner, practicality, but such is often not the case, as we learned in the past week in two separate situations.

One was the porta-potty caper at the Occupy Kamloops camp; the other was the police raid on a local pot store.

We discussed the porta-potty earlier, so let us move on to the trials and tribulations of Carl Anderson.

RCMP paid a visit to his “compassion club” on Tranquille Road on Tuesday, after having known about it for months, and removed boxes of marijuana and other stuff.

Anderson was dragged away and spent the night in jail.

Yesterday, 40 or so supporters marched with Anderson a couple of blocks to Terry Lake’s office to demand action. It was a matter of convenience, really, since Lake is an MLA, not an MP, and marijuana laws are a federal matter.

Lake deserves full marks for emerging from his office and talking — more accurately, trying to talk — to Anderson and his vocal backers. But then, Lake has never been afraid to confront a hostile crowd, and he made no attempt to placate this one.

He voiced his support for the RCMP and accused Anderson and his supporters of bullying. There would be no satisfaction for the protesters this day; Lake wisely didn’t prolong the matter, and went back inside as police guarded the door.

But though they were loud and just a little impolite, the protesters posed no threat. They were talking to the wrong politician and knew it; they just wanted to make themselves heard, to someone.

Whether Anderson and his customers are sympathetic characters who deserve better, or are law breakers who need to be punished, depends on your point of view.

Sure, marijuana is illegal for general consumption in this country, and Anderson’s compassion club is operating without permission. But these aren’t pot-smoking hippies; they use marijuana, under permit or with a doctor’s prescription, for pain reduction.

The issue is ease of access to their medication.

Space prohibits going into a detailed discussion here about compassion clubs and their issues with the law. They exist in cities across the country — some of them seem to operate relatively unencumbered, some owners get taken to court.

The raid on Anderson was a matter of discretionary enforcement rather than urgent necessity.

My question is, who is the victim here? If medical marijuana users are provided a safe and convenient way to get their weed, who is the offended party?

We only need turn to Mr. Bumble. The answer is, of course, the law.