“Section 24 of the Controlled Drugs and Substances Act allows one to make an application within 60 days of the execution of a search warrant and seizure if one wishes to get controlled substances returned to them, or believes they have the authority to be in possession of those control substances,” said Enns, who submitted an application under this provision to retrieve the product taken during the December raid on Farm Assist Cannabis Resource Centre.
Enns said that as a legally designated grower under Health Canada‘s MMAR regime who is authorized to provide for two patients, the court may argue that there has been a regulatory infraction from his work supplying to other medical patients.
“Even if that’s an argument before the courts, there’s absolutely no reason why the seized substance can’t be returned to my location of storage … so that I can continue to provide for the two patients that do need the medicine, and are going without otherwise,” said Enns.
Enns said during his appearance in court yesterday, he was surprised to see two new federal Crown prosecutors representing the attorney general of Canada, in addition to the two Crown prosecutors that have been dealing with his case for the past three years.
According to Enns, presiding Judge Bill Digby “had absolutely no respect for them.”
“One of his comments was, ‘How’s this self representer supposed to know what a multi-headed beast the federal government is?’” recounted Enns.
The Crown said Enns would need to provide written notice to have the seized product returned to his possession.
“I already understand the application process, the only reason I was making an oral presentation was so they didn’t destroy the process as we were approaching 60 days,” said Enns. “The judge made them promise not to destroy the product and we have an oral hearing set down for the matter on February 29.”
Only time will tell if the request to have the product returned in successful, but Enns said his plan, if the motion is dismissed, is to take his case to the Supreme Court of Nova Scotia.
In a Facebook post, Enns said he’ll reappear in court, tomorrow, to have all charges against him dropped.
“At 1:30 tomorrow, Judge Theodore Tax of Dartmouth Provincial Court will hear a motion to quash all the charges from the 2014 raid of The Farm Assists,” wrote Enns. “The crown has said they will drop all the other charges if its successful. This motion is based on the 2015 SCC Smith decision that opened the door for patients to use derivatives and the 2003 ONCA R v JP decision following which over 4000 cannabis charges were dropped.”