Sparks Fly at Hemp Shop Hearing

Charges of broken promises and bad faith flew yesterday as Vancouver city council began its much delayed show-cause hearing into the Cannabis Cafe and Hemp BC.

Council is to decide whether it will deny a business licence to the businesses.

As the hearing opened, Brent Lokash and Jim Millar, lawyers for shop owner Shelley Francis, were outraged to learn that city lawyers had prepared each councillor with a binder that included evidence police are to give in Francis' criminal trial on drug-paraphernalia charges.

The binders contained reams of evidence referring to Marc Emery, who sold the two Hastings Street shops to Francis (aka Sister Icee) last spring.

Last month, Francis' lawyers negotiated a deal with George Macintosh, a high-profile lawyer retained by the city.

Francis agreed to drop a court petition against the show-cause hearing, and the city agreed not to raise allegations of Criminal Code violations.

But as city lawyer John Nelson questioned licensing inspector Paul Teichroeb about his refusal to grant Francis a business licence, many of Teichroeb's answers were based on police testimony alleging marijuana consumption on the premises.

"It seems the material presented to council refers to [the Criminal Code section dealing with drug paraphernalia] extensively," Millar said.

"We raise a concern that Ms Francis' ability to get a fair trial is being interfered with."

"Your objection is noted," said Deputy Mayor George Puil, who then ordered the hearing to proceed.

Puil chaired the hearing because Mayor Philip Owen - who said last summer Emery's business would be "toast" by September - had removed himself from the proceedings.

"This should not be before council," Millar said, his voice rising. "This should have been taken out of the binders. This proceeding should be adjourned."

When Millar asked for a short break to consider withdrawing from the hearing, Nelson reminded him, "We have an agreement," prompting sarcastic laughter in the gallery.

Adjourning the hearing at noon, Puil ordered it to reconvene tomorrow, drawing protests from Millar, Lokash and Councilor Nancy Chiavario, all of whom said city staff had agreed the hearing would resume Jan 26.

Jonathan Baker, a former councillor who heads Lokash's law firm, said: "The procedure is so out to lunch that I don't know what to say. It appears one cannot make deals with you."

Copyright The Vancouver Sun 1998

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