Article by The Canadian Press via Yahoo News
The federal Crown has decided to drop its appeal of a ruling dismissing charges against a prominent cannabis activist who was arrested in Calgary during a national tour to give away millions of marijuana seeds to the public.
On Monday, Dana Larsen said he was served notice at his home in Vancouver and the case was to be heard July 2 in the Alberta Court of Appeal.
But after a subsequent review this week, the Public Prosecution Service of Canada said it is dropping the case.
“We have decided to abandon the appeal,” Barry Nordin, chief federal prosecutor of the service’s Alberta regional office, said Thursday.
“We are not satisfied that after a hearing of the appeal the result would be any different.”
Calgary police charged Larsen with drug trafficking and possession last year after pot seeds were handed out at an event as part of his Overgrow Canada tour.
Last month provincial court Judge A. J. Brown stayed the charges, saying the case took too long to get to trial.
In her ruling, Brown blamed much of the delay on the prosecution.
“Without firm, overall direction of the prosecution, the file has been rife with unacceptable Crown delay,” Brown wrote.
Unlike a Crown-directed stay, where charges can be restarted within a year, a judicial stay dismisses the charges.
Nordin said the appeal was to have focused on Brown’s findings about delays in the case, not the merits of the charges Larsen faced.
Larsen said he is pleased with the Crown’s decision, adding he should never have been charged in the first place.
“I wish they had made that decision a lot earlier and not bothered wasting all this time in court,” he said.