Tuesday, September 19, 2023

POT POLITICAL ECONOMY U$A
Recent vote on cannabis in Cherokee causing legal, medical hesitation

WSOCTV.com News Staff
Thu, September 14, 2023 


An operation based out of Cherokee could provide medical marijuana to patients across North Carolina, according to our partners at WLOS in Asheville.

Over the coming weeks, hundreds of medical cannabis patient cards will be headed to North Carolinians who have applied to the Eastern Band of Cherokee Indians (EBCI) medical cannabis program.

ALSO READ: North Carolina medical marijuana bill likely dead for this year, House speaker says

“Just because Cherokee has decided it wants to do this, it doesn’t mean it can speak on behalf of the state of North Carolina. It can’t, or on behalf of the federal government,” Asheville attorney Stephen Lindsay, of the Lindsay Law firm, told WLOS.

The Cherokee’s Cannabis Control Board will reach out to approved patients within the next week. Currently, hundreds of applications are awaiting further information, WLOS reports.

An investigation done by WLOS took a look at legal concerns following the recent approval from the tribe for adult or recreational cannabis.

Currently, the line between North Carolina residents looking for medical marijuana and cannabis on tribal land near Coopers Creek in Swain County is the location for a health professional’s signature, WLOS reports.

ALSO READ: Medical marijuana advances again at North Carolina Senate

The tribe’s Cannabis Control Board’s application form requires documentation of one of 18 conditions and a healthcare professional’s signature. Over 750 people have applied, but incomplete forms have caused the board to reach out to hundreds of applicants, according to WLOS.

A recent thread on Reddit concerning Cheroke’s marijuana program shows certain physicians being hesitant when it comes to providing their signatures for patients, WLOS reports.

A WLOS producer let a crew join her as she headed to her yearly checkup, where she planned to ask about medical marijuana and whether or not the use of it would help her.

“The biggest thing was having trouble sleeping, and we kind of went from there,” the WLOS producer told her doctor.

While at the annual appointment, she brought up issues around anxiety, and if those symptoms met the criteria for a disorder, she was soon met with more questions from her doctor.

“Asking a lot more about my day-to-day life and the things I had already done to try to, you know, like, help with relaxing and kind of calming down at the end of the day,” the producer said.

By the end of the appointment, WLOS reported their producer was steered away from the use of medical cannabis by her health provider.

ALSO READ: NC congressman wants to discourage legalizing marijuana for recreational use

“She leaned more toward natural options that weren’t anything with cannabis or anything like that,” the producer said to WLOS.

WLOS reached out to mountain area health systems, but many wouldn’t address whether they’re discussing signing off on medical cannabis forms with physicians.

Another post on Reddit showed a cancer doctor, based in Hendersonville, who had readily filled out the forms, WLOS reports.

Local holistic physicians would not return calls; instead, WLOS reached out to Lindsay regarding the silence from health systems. Years ago, Lindsay was the lawyer for a doctor convicted of distributing marijuana to patients.

“As long as this gray area, if you will call it that, is out there, I think physicians are going to be reluctant to do something that could be helpful to their patients,” Lindsay told WLOS.

Lindsay went on to explain the two major legal concerns that may be making doctors hesitant to sign off on their patients’ applications.

“From a legal perspective, it’s still unlawful in many states, including North Carolina, right? So, when you have a physician who gets a form where they know this form is going to be used by a patient to purchase or obtain something that’s illegal, two concerns come to mind: one is their license to practice medicine in North Carolina going to think about this,” Lindsay said.

WLOS reports that the state’s medical board has not had “any requests for supportive statements regarding medical cannabis,” and it “has not taken a position” on the matter.

Florida’s medical cannabis program and its state’s Board of Medicine created both training and guidelines for medical staff, including warnings that violators will face consequences, WLOS reports.

ALSO READ: Western North Carolina tribe to vote on broader legalization of adult use of marijuana

“Secondly,” Lindsay told WLOS, “they got a concern about maybe they’re going to get charged. They have taken a step by signing this form to help somebody obtain an illegal substance. Even if it’s not going to be enforced, there’s got to be a concern.”

Over in Wisconsin, tribes have legalized cannabis, but the state has not; the programs are adult-use programs removing medical requirement concerns, WLOS says.

ECBI’s latest vote to approve a recreation/adult-use program is one step closer to the current state in Wisconsin, but currently, with only a medical program in place, your doctor may hesitate or provide alternatives to medical marijuana.

“When you get a form like this and you realize it’s going to be used by somebody for medical care and it’s medical care you’re not directly supervising, wouldn’t you be concerned?” Lindsay said.

In Historic Vote, Eastern Band of Cherokee Indians Legalizes Recreational Marijuana


Darren Thompson
September 8, 2023·




On Thursday, the Eastern Band of Cherokee Indians (EBCI) voted 2,464 to 1,057 to legalize recreational adult-use marijuana on Cherokee tribal territory, known as the Qualla Boundary.


The vote is not legislation, however, and would require action by the EBCI Tribal Council to make recreational marijuana legal on the reservation. It will be the only place in North Carolina that permits the sale and use of recreational cannabis.

The vote comes less than a week after North Carolina Rep. Chuck Edwards (R) introduced his Stop Pot Act in the House of Representatives. The bill seeks to penalize states and tribes that legalize recreational marijuana. If it passes, it would withhold 10% of federal highway funds from states and federally recognized tribes that receive transportation funding.

“During a time when our communities are seeing unprecedented crime, drug addiction, and mental illness, the Stop Pot Act will help prevent even greater access to drugs and ease the strain placed on our local law enforcement and mental health professionals who are already stretched thin,” Edwards said in a press release on September. 1.

Native News Online reached out to the Eastern Band of Cherokee Indians and learned that yesterday’s election also voted in a new Principal Chief, replacing Richard Sneed with Michell Hicks. Hicks was the Eastern Band’s leader from 2003-2015. A new Tribal Council was voted on as well, and it must first draft a recreational marijuana law. The law could take more than a year to be finalized, voted, and signed by the principal chief and other tribal leaders.

In 2021, the EBCI Tribal Council voted to pass a medical marijuana program. The Tribal Council then created a for-profit medical marijuana business, Qualla Enterprises LLC, to grow, market and sell cannabis. Qualla Enterprises is on the verge of beginning sales at what tribal officials are calling the world’s largest medical super dispensary store.

The business, which is owned by the EBIC, published an opinion article in the Cherokee One Feather on September 6, saying, “Adult Use Cannabis represents another opportunity for our people to lead. While multiple states and tribes across the United States have already legalized Adult Use Cannabis, nowhere in the surrounding region has done so. The Cherokee People can and should be first and reap the benefits of our courage and leadership.”

Qualla Enterprises’ General Manager Forrest Parker said in a July Tribal Council meeting that revenue from cannabis operations is directly tied to the number of people who can legally walk in and buy the product. He also shared data from a study conducted on the enterprise and said that potential gross revenue from its medical cannabis operations starts at $206 million and can approach $578 million by the end of year five.

“If adult use were legalized, revenue could conservatively reach $385 million in the first year and exceed $800 million by year five,” Parker said.

About the Author: "Darren Thompson (Lac du Flambeau Ojibwe) is a staff reporter for Native News Online who is based in the Twin Cities of Minnesota. Thompson has reported on political unrest, tribal sovereignty, and Indigenous issues for the Aboriginal Peoples Television Network, Indian Country Today, Native News Online, Powwows.com and Unicorn Riot. He has contributed to the New York Times, the Washington Post, and Voice of America on various Indigenous issues in international conversation. He has a bachelor\u2019s degree in Criminology & Law Studies from Marquette University in Milwaukee, Wisconsin.

When is Florida’s recreational marijuana amendment on the ballot? Here's when you can vote

Samantha Neely and Brandon Girod, Fort Myers News-Press
Thu, September 14, 2023 



Over the past decade, more than 20 states have legalized recreational marijuana. Is Florida next to join that list?

Voters in Florida will get to decide as soon as next year with the measure landing on the 2024 general election ballot.

According to the Pensacola News Journal, the initiative received almost one million verified signatures, well over the 891,523 valid signatures required to qualify for the ballot.

Here’s what Florida voters need to know ahead of time before making a decision in 2024.

Everything on Florida's weed laws: Is weed legal in Florida? Here's what to know about marijuana laws in the Sunshine State
What is marijuana?

Marijuana. Weed. Maryjane, ganja and pot — Oh my! It goes by many names but before discussing what Florida wants to do with it, what is it exactly?

Marijuana is a greenish-gray mixture of the dried flowers of Cannabis sativa, according to the National Institute of Drug Use.

The main psychoactive chemical in marijuana, responsible for most of the intoxicating effects that people seek, is delta-9-tetrahydrocannabinol, or THC. The chemical is found in resin produced by the leaves and buds primarily of the female cannabis plant. The plant also contains more than 500 other chemicals, including more than 100 compounds that are chemically related to THC, called cannabinoids.
When is recreational marijuana on the Florida ballot?

Florida residents will see recreational marijuana on the ballot in Florida as an initiated constitutional amendment on Nov. 5, 2024.
What does Florida's new recreational marijuana ballot measure legalize?

The ballot seeks to legalize marijuana for adults age 21 or older for personal use, to possess, use, process and transport marijuana, marijuana products and accessories. Existing Medical Marijuana Treatment Centers would be authorized under the initiative to sell marijuana to adults for personal use.

It would also allow cultivating nine live marijuana plants per adult with an eighteen-plant maximum per household.

Overall, it would legalize:

Cultivation of nine live marijuana plants with an eighteen-plant maximum per household.


Possession, use, process, display and make marijuana products.


Purchase of up to 3 ounces of marijuana at a time and no more than five grams of cannabis concentrates.


Transport of marijuana, marijuana products and accessories for personal use.

The amendment would not affect or repeal Florida Statutes 112.0455 2020, known as the Drug-Free Workplace Act. It also would not give immunity to federal laws.

It's important to note that the legalization of recreational marijuana would not include any required accommodations for any on-site use of marijuana in correctional institutes, detention facilities, places of education, employment or smoking marijuana in public places.

It will still be unlawful to operate any vehicle, aircraft, train or boat while under the influence of marijuana.

The petition can be read in full here, which fully outlines the proposed constitutional amendments.
Is recreational marijuana federally legal?

No, recreational marijuana is still illegal at the federal level. According to U.S. News, marijuana is classified at the federal level as a Schedule I drug under the Controlled Substances Act, meaning that the government believes it to have no medical use and a high potential for abuse. Cultivating, distributing and possessing marijuana violates federal drug laws.

However, the recreational use of cannabis has been legalized in 23 states, three U.S. territories, and D.C. so far.

On Oct. 6, President Biden announced he was pardoning people with federal convictions for simple possession of marijuana, USA TODAY reported. The president's pardon also blocks future federal prosecutions for simple possession.
Is marijuana legal at all in Florida?

Marijuana is only legal in Florida once a person has obtained a Medical Marijuana Use Authorization, as outlined in Chapter 381 in Florida Statutes. This law also includes regulations for a user registry, caregiver possession, and treatment centers for purchasing consumable marijuana.

Medical marijuana was adopted by Florida voters back in 2016 by a vote of 71% to 29%.
What are Florida's current marijuana laws?

While medical marijuana is legal in Florida, there are still many laws in place that prohibit the possession, selling and transporting of marijuana, marijuana products and accessories.

Florida marijuana possession laws

Possession charges can have a wide range of penalties. Possessing 20 grams or less is a misdemeanor charge that could lead to one year of jail time and a $1,000 maximum fine. Possessing more than 20 grams becomes a felony and could result in up to five years in jail and a $5,000 fine. Incarceration times go all the way up to 30 years and fines can reach as high as $200,00.

Possessing marijuana within 1,000 feet of a school, college, park or other specified areas is a felony with a mandatory three-year jail sentence and fines up to $10,000.

Possession of paraphernalia is a misdemeanor crime punishable by up to a year in jail and up to a $1,000 fine.

Florida marijuana sale laws

Selling 20 grams of marijuana or less without remuneration is a misdemeanor punishable by up to one year in jail and a $1,000 fine. Selling more than 20 grams is a felony charge punishable with jail time up to 30 years and $200,000 in fines, depending on the volume and whether the sale occurred within 1,000 feet of a school, park, college or other specified area.

DUI after smoking or eating marijuana

All states criminalize driving under the influence of controlled substances. Laws regarding driving while impaired range depending on jurisdictions.
Can you go into a dispensary without a medical marijuana card?

No, you can’t walk into a medical marijuana dispensary in Florida without a card. There are a few exceptions, such as:

Patients already registered in the state’s Office of Medical Marijuana Use (OMMU) registry who don’t have their medical marijuana card on their person can use their driver’s license instead.


Designated caregivers of qualified patients can get authorization to get a separate state caregiver ID card through a certification process. Starting on June 12, non-close relatives applying for a caregiver ID must complete a level 2 background screening through a Livescan Service Provider.
Can tourists with a medical marijuana card stop in and grab something?

No. According to the Florida Department of Health, Florida does not offer reciprocity when it comes to medical marijuana cards.

However, seasonal Florida residents can qualify for a state medical marijuana card. They must show proof of residence and live in the state at least 31 consecutive days each year.
How can you get a medical marijuana card?

Getting a medical marijuana card in Florida is a three-step process involving a diagnosis from a qualified physician for certain medical conditions, registering in Florida’s Medical Marijuana Use Registry and applying for a registry ID.

Step 1

Anyone interested in getting a medical marijuana card should look and see if they have one of the qualifying medical conditions:

Cancer


Epilepsy


Glaucoma


HIV/AIDS


Post-traumatic stress disorder (PTSD)


Amyotrophic lateral sclerosis (ALS)


Crohn’s disease


Parkinson’s disease


Multiple sclerosis (MS)


Medical conditions of the same kind or class as or comparable to the others listed.


A terminal condition diagnosed by a physician other than the qualified physician issuing the physician certification.


Chronic nonmalignant pain caused by a qualifying medical condition or that originates from a qualifying medical condition and persists beyond the usual course of that qualifying medical condition.

The OMMU provides a tool where users can then search for a nearby qualified physician who can provide a diagnosis and recommendation.

Step 2

Once qualified, the patient’s physician will enter them into the registry. The patient must provide the physician with their email to receive a username and temporary password.

Step 3

Patients must then complete an electronic or paper application to receive an ID card. Once an application is approved, a physical ID card will be mailed to the patient. However, a physical medical marijuana ID card isn’t needed to shop at dispensaries. Patients can place orders with their driver’s license.
What states are also trying to legalize recreational marijuana in 2024?

Along with Florida, these states will also see recreational weed on the ballot next year:

Nebraska


Ohio


South Dakota


Tennessee
Which states already allow recreational marijuana?

The recreational use of cannabis has been legalized in 23 states, three U.S. territories, and D.C.

Colorado


Washington


Alaska


Oregon


Washington, D.C.


California


Maine


Massachusetts


Nevada


Michigan


Vermont


Guam


Illinois


Arizona


Montana


New Jersey


New York


Virginia


New Mexico


Connecticut


Rhode Island


Maryland


Missouri


Delaware


Minnesota


Ohio GOP leaders don't like recreational marijuana. What happens if voters say yes to it?

Haley BeMiller, Columbus 
Dispatch
Mon, September 18, 2023 


Juan Collado D’az of the Sensible Movement Coalition leads other marijuana supporters during a rally at the Ohio Statehouse on April 20. (4/20)


Ohio's top Republican leaders haven't been shy about their opposition to recreational marijuana.

"There are a lot of people who don't do something because it's illegal, believe it or not, and if it's more accessible to whoever's going to buy it, it's going to be more accessible to people who shouldn't be smoking it," Senate President Matt Huffman, R-Lima, said in a recent interview. "It’s really going to be devastating."

Come November, Ohio voters will decide if the state should legalize recreational marijuana. The proposal from the Coalition to Regulate Marijuana Like Alcohol − known as Issue 2 − outlines rules for buying, selling, growing and taxing cannabis for adults 21 and older.

The measure is an initiated statute that would become law if passed, instead of a constitutional amendment. That means it would fall under the jurisdiction of the state Legislature, and Republicans in charge could later tweak or even repeal the measure if approved by voters.

Ahead of the Nov. 7 vote, Huffman and other key leaders aren't showing their hand. But several rank-and-file lawmakers don't think there's enough political will in the GOP-controlled Legislature to thwart the voters' decision.

"There is a lot more bipartisan support privately than publicly for legalization," said Rep. Casey Weinstein, D-Hudson, who's spearheaded legislation for adult-use marijuana. "That’s my sense. My hope is that the voters passing this − which I think the voters will − will give those reticent, quietly supportive lawmakers that permission they’re waiting for."
Would Ohio Legislature repeal marijuana law?

The Ohio Constitution gives lawmaking power to the state Legislature and also outlines the right of citizens to propose laws and amendments. The Ohio Revised Code and constitution don't explicitly say lawmakers can amend or repeal initiated statutes, but they also don't prohibit it.

The Legislature's ability to strike down initiated statutes has never been tested in court, so lawmakers could potentially face a lawsuit if they go that route, said Derek Clinger, an attorney with State Democracy Research Initiative at the University of Wisconsin.

Some states have so-called safe harbor provisions for initiated statutes, an idea that's been floated in Ohio but never acted upon. California's constitution, for instance, requires voter approval to repeal or change any law passed through the initiated statute process. Michigan, Washington, North Dakota and several others enacted time constraints or require a supermajority to scrap citizen initiatives.

Ohio's process got renewed attention during the debate this summer over whether to make it harder to change the state constitution, with some advocates saying initiated statutes are less effective than amendments.

“I’ve never seen one be repealed," said David Waxman, an Ohio attorney who specializes in cannabis law. "That would be extreme anywhere, even in Ohio with a supermajority Republican Legislature. I just don’t see that happening, especially because this is a vote of the citizens of the state. It would be something quite extraordinary if they repealed it."

House and Senate Republicans told the USA TODAY Network Ohio Bureau there have so far been no discussions about Issue 2, and many think a total repeal is unlikely if voters approve it. In the House, any potential response could be complicated by rifts within the GOP caucus that have slowed action on a range of issues.

"There are not a majority of legislators in both chambers that would be pro-repeal," Rep. Ron Ferguson, R-Wintersville, said. "That’s definitely not the case. You would have no Democrats, and there are not enough Republicans to put them in the top."


If passed, the Ohio Legislature would have the power to amend or repeal the recreational marijuana law.


Changes could happen over time

If voters approve Issue 2, the law could still change at some point.

Many specifics of the recreational marijuana program would be handled through administrative rule-making. Under the proposal, the Division of Cannabis Control would set rules for licensing, testing, product standards, investigations and more. The division must also impose THC limits for products that could later be changed or removed.

Beyond that, lawmakers could revisit the statute − immediately or down the road − as they have with the state's medical cannabis program. Weinstein supports Issue 2 but said he'd be open to future changes that make the program more equitable and "economically accessible."

“I would think that the General Assembly would try to work with it if it passes because of the threat of a constitutional amendment," Sen. Bill Blessing, R-Colerain Township, said.

Then there are the Republicans at the top. When asked about Issue 2, House Speaker Jason Stephens, R-Kitts Hill, didn't want to address hypotheticals but said "they call it the revised code for a reason." Huffman said he needs to review the proposed language, but how the vote shakes out − if the support is overwhelming, or if it barely passes − will inform his opinion.

Gov. Mike DeWine, who is staunchly opposed to recreational marijuana, hopes lawmakers never need to have that conversation.

"There’s a lot of discussion that has to take place," DeWine said. "The states that have passed recreational use of marijuana ... have seen some things happen. And I don’t think these are things we want to see in Ohio."

USA TODAY Network Ohio Bureau reporters Jessie Balmert and Anna Staver contributed.

Haley BeMiller is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.


Most Americans view Israel as a partner, but fewer see it as sharing US values, AP-NORC poll shows

MATTHEW LEE and LINLEY SANDERS
Mon, September 18, 2023 


Israelis opposed to a contentious government plan to overhaul the judiciary wave Israeli and American flags during a protest in support of President Joe Biden, who criticized the plan this week, outside of the U.S. Embassy Branch Office in Tel Aviv, Israel, March 30, 2023. As Biden prepares to meet Israeli Prime Minister Benjamin Netanyahu this week in New York, a new poll finds that while Americans generally view Israel as a partner or ally, many question whether his far-right government shares American values.
 
(AP Photo/Oded Balilty, File)


NEW YORK (AP) — As President Joe Biden prepares to meet Israeli Prime Minister Benjamin Netanyahu this week in New York, a new poll finds that while Americans generally view Israel as a partner or ally, many question whether his far-right government shares American values.

The poll results from The Associated Press-NORC Center for Public Affairs Research and the meeting come during a new period of tension between the Biden administration and Israel. Those tensions are caused by Netanyahu's proposed judicial overhaul that has sparked mass protests in major Israeli cities, ongoing disagreements over how to deal with Iran and how to approach the Palestinians, and comments from Netanyahu political allies that have irked U.S. officials.

Despite the friction, Biden, who spoke out in barely disguised opposition to the judicial plan, and Netanyahu are expected to project a solid partnership in which the U.S. continues to support Israel's security.

Biden will also emphasize that the U.S. is continuing to work on expanding the Trump-era Abraham Accords, which normalized Israeli relations with several Arab countries, to include Saudi Arabia. However, there is little sign of an imminent breakthrough on that front.

Although the poll showed that Americans overwhelmingly view Israel as more of a friend than a foe, it also found that they are divided on whether Israel is a country with which the U.S. shares common interests and values.

About 4 in 10 Americans described Israel as a partner with which the U.S. should cooperate, but they also said the country does not share U.S. interests and values, the poll found. Only about 3 in 10 said Israel is an ally that shares U.S. interests. Republicans (44%) are more likely than Democrats (25%) to call Israel an ally with shared values. About 2 in 10 Americans described Israel as either a U.S. rival or an adversary.

The U.S. provides Israel with more than $3 billion a year in military and other assistance and the close relationship has endured over the decades despite not infrequent spats over policy, most notably over Iran and treatment of the Palestinians.

Overall, 61% of Americans disapprove of how Biden is handling the Israeli-Palestinian conflict, with only 35% approving. That number was slightly lower than Biden's overall approval rating.

Many Americans don't see a need for the U.S. to change its position in the Israeli-Palestinian conflict. About 4 in 10 Americans, or 44%, said the U.S. gives about the right amount of support to Israel in the conflict, while 27% said it's too supportive of Israel and 23% not supportive enough.

About the same percentage, 42%, say the correct amount of support is given to the Palestinians, with 30% saying they want more support and 21% wanting less.

Among Republicans, 34% said they would like the U.S. to give more support to Israel, but slightly more (40%) say the current level is sufficient. Only 11% of Democrats said the U.S. needs to be giving more assistance to Israel. About half of Democrats said the current amount is “about right” while only about a third said the U.S. is too supportive of Israel, the poll found.

In their meeting Wednesday, Biden is expected to reaffirm steadfast American commitment to Israel's security in the turbulent Middle East. At the same time, his administration is hoping to give Netanyahu one of his major asks — entry into the U.S. Visa Waiver Program, which would allow Israelis to visit the United States on a temporary basis without a visa.

U.S. law requires that Americans, including Palestinian-Americans, be treated the same in order to qualify for the program. Israel has taken several steps to ensure equal treatment for all Americans entering Israel but it has only until the end of September to prove that the criteria have been met. Otherwise, Israel must requalify for the program during the next budget year, which begins Oct. 1.

In terms of the Palestinian conflict, about two-thirds of Americans profess neutrality, according to the AP-NORC poll — 37% said they sympathize with neither Israel nor the Palestinians, while 29% said they sympathized with both equally.

A similar percentage, 58%, said they neither favor nor oppose the creation of a Palestinian state, while 22% favor it and 15% oppose it.

___

The poll of 1,165 adults was conducted Aug. 10-14 using a sample drawn from NORC’s probability-based AmeriSpeak Panel, which is designed to be representative of the U.S. population. The margin of sampling error for all respondents is plus or minus 3.8 percentage points.

ABOLISH THE DEATH PENALTY
Another Day, Another Exoneration: See Why This Black Man Is Lucky To Be Alive After Decades In Prison

Noah A. McGee
September 8, 2023

Screenshot: Death Penalty Information Center

It’s been a good week for two Black men who spent a lot of their adult lives behind bars. On Tuesday, Leonard Mack was exonerated after DNA testing proved he was not the man responsible for a 1975 rape he was convicted of.

The same day, Jesse Johnson walked out of jail in Salem, Ore. after the Marion County Circuit Court dismissed his case.

The person who witnessed the suspect leave Thompson’s home was not able to share her side of the story.

For 17 years, Johnson spent his time on death row, awaiting execution for a murder he did not commit. But in October 2021, the Oregon Court of Appeals noticed that Johnson’s attorneys did not interview the only witness to the murder and ordered a new trial for the Black man who was at death’s doorstep. His conviction was reversed.

More from the Associated Press:

The district attorney’s office on Tuesday asked the Marion County Circuit Court to dismiss the case against Johnson, saying that “based upon the amount of time that has passed and the unavailability of critical evidence in this case, the state no longer believes that it can prove the defendant’s guilt.” The court granted the motion. Prosecutors said no other suspect has been identified in Thompson’s murder.

While Johnson is elated that he was freed from jail and that his wrongful conviction is behind him, the Oregon Innocence Project is not letting the court off easy, according to the Associated Press.

Steve Wax, the Oregon Innocence Project’s legal director, pointed out that there were racist made by the investigators looking into the 1998 murder which influenced Johnson’s wrongful conviction and made it harder for the lone witness to tell her side of the story.

Still, it’s good to see that a Black man does not have to pay with his life for a crime that he did not commit.

The Root

A Black man imprisoned since 1998 walks free and his attorneys raise concerns about police racism

ANDREW SELSKY
Updated September 7, 2023·




- In this photo provided by James Comstock, John Lewis, left, stands with Jesse Johnson at a restaurant in Lake Oswego, Ore., Tuesday, Sept. 5, 2023. Johnson, convicted of a 1998 murder and sentenced to death, is now free, two years after the Oregon Court of Appeals reversed the conviction. Prosecutors asked for the case to be dismissed, saying that with the passage of time, the state no longer believes that it can prove Johnson was guilty. Johnson has always maintained his innocence. (James Comstock via AP)

SALEM, Ore. (AP) — In the predawn hours of March 20, 1998, a neighbor heard screams coming from the home in Salem of Harriet “Sunny” Thompson and then saw a white man run from the house, leaving Thompson inside dead of stab wounds.

Yet a Black man, Jesse Johnson, was convicted by a jury in 2004 of aggravated murder and sentenced to death. He walked free this week after 25 years behind bars when prosecutors decided to drop retrial efforts, two years after the Oregon Court of Appeals reversed Johnson's conviction.

The jury never got a chance to hear neighbor Patricia Hubbard testify to what she saw and heard that night. After Johnson was convicted, Hubbard told investigators that when she began describing what she had seen to a police detective, he responded, twice using a racial epithet: a Black woman got murdered and a Black man "is going to pay for it.”

Johnson's trial attorney never sought out Hubbard, a fact that the appeals court cited when it reversed the conviction in October 2021.

The Oregon Innocence Project, which represented Johnson in his appeal, on Wednesday accused the state of committing a “heinous injustice” in its handling of the case.

“There were clear and unambiguous statements of racism by a detective involved in the case who discouraged a neighbor from sharing that she witnessed a white man running away from the scene on the night of the murder,” said Steve Wax, Oregon Innocence Project’s legal director.

The district attorney’s office on Tuesday asked the Marion County Circuit Court to dismiss the case against Johnson, saying that “based upon the amount of time that has passed and the unavailability of critical evidence in this case, the state no longer believes that it can prove the defendant’s guilt.” The court granted the motion. Prosecutors said no other suspect has been identified in Thompson’s murder.

On Tuesday afternoon, Johnson walked out of the jail in Salem. Video showed Johnson, smiling and wearing gray sweats with white socks and black slides, walking next to a sheriff’s deputy who was pushing a cart with belongings inside.

“Oh yeah, oh yeah,” Johnson said as supporters hugged him.

Johnson’s DNA wasn’t on any of the tested murder evidence. He repeatedly claimed innocence and refused a plea deal over the years.

Wax, a former federal public defender, said the Marion County district attorney and Oregon Attorney General Ellen Rosenblum resisted requests for additional DNA testing of crime scene evidence “that might have shed light on what really happened to Sunny Thompson.”

“For 25 years, the State of Oregon has fought to defend their deeply flawed case against our former client, Jesse Johnson,” Wax said. “There can be no more heinous injustice imaginable than for Mr. Johnson to have heard a sentence of death pronounced against him all those years ago in Marion County and to then waste away for years on death row.”

Asked for comment, Rosenblum said in an emailed statement Thursday: “The Marion County District Attorney’s office made the decision not to retry this case due to the passage of time and loss of witnesses. We respect their decision.”

The Oregon Innocence Project had asked a court to allow additional DNA testing of crime-scene evidence, but it went unresolved due to the appeals court reversing Johnson's conviction, Rosenblum said.

Hubbard told investigators that she had seen a white man park his van in Thompson’s driveway around 3:45 a.m. March 20, 1998, and go inside. Seconds later, Hubbard heard screaming coming from Thompson’s house, a thud and then silence. She said she then saw a white man run from the house. A few minutes later, she saw a Black man walk down the driveway. She did not identify him as Johnson.

Former Gov. John Kitzhaber declared a moratorium on executions in 2011. Last year, then-Gov. Kate Brown commuted all of the state’s 17 death sentences and ordered the dismantling of the state’s execution chamber.

Biden tells a Broadway theater packed for fundraiser that Trump is determined to destroy the nation



Mon, September 18, 2023 

NEW YORK (AP) — President Joe Biden on Monday told a packed Broadway theater full of big-name stars hosting a fundraiser in his honor that he was running for reelection because Donald Trump was determined to destroy the nation.

Democracy is at stake, he told the audience at the Lunt-Fontanne Theater. Hate groups have been emboldened, he said. Books are being banned. Children go to school fearing shootings.

“Let there be no question, Donald Trump and his MAGA Republicans are determined to destroy American democracy,” he said, referring to the former president's slogan, “Make America Great Again.” "And I will always defend, protect and fight for our democracy.”

Biden also accused Trump and his allies of bowing down to authoritarians: “I will not side with dictators like Putin. Maybe Trump and his MAGA friends can bow down but I won’t."

It was the among the president's strongest rebukes of the Republican front-runner and former president, who is facing criminal charges for his role in the effort to overturn the 2020 election. And it comes as the political pressure is ramping up from Republicans in the House who have opened an impeachment inquiry into Biden in an effort to tie him to his son Hunter's business dealings and distract from Trump's legal peril.

Biden said he wanted to send the “strongest and most powerful message possible, that political violence in America is never never never acceptable.”

Biden, who is set to address the U.N. General Assembly on Tuesday, arrived in New York on Sunday evening so he could squeeze in the fundraisers as the end of the quarter for federal election reporting nears.

A Times Square billboard not far from the concert advertised “Broadway for Biden.” Sara Bareilles, Lin-Manuel Miranda and Ben Platt were among those appearing on behalf of the president.

By turning to the New York theater community — overseen and contracted by the Actors’ Equity Association, whose some 51,000 American actors and stage managers remain on the job — Biden avoided Hollywood and the strike by members of the Writers Guild of America and actors from SAG-AFTRA.

Both Biden and first lady Jill Biden attended the event, with tickets ranging from $250 to $7,500. Biden also took part in a private fundraiser in Manhattan hosted by the Black Economic Alliance.

Biden walked on stage to the showstopper “All That Jazz,” and spoke about how when his sons were little they'd head up to New York twice a year to catch a show. Once, they brought their boys to see Bette Midler, whose act wasn't exactly known to be family-friendly, and she singled them out.

“Who would bring two kids to a show like this?” she asked, according to Biden. It prompted a round of raucous laughter.

“My boys used that as a badge of courage,” he said. “Bette Midler picked us out of a crowd. ... Families all over the world have memories like that to cherish.”

Biden was introduced by Jeffrey Seller, a theater producer best known for his work on “Rent," “In the Heights” and “Hamilton.”

“President Biden, I am here to pledge to you that we in this theater — all 1,500 strong of us — are your warriors, are your troops in ensuring that we maintain, affirm and nurture the soul of our democracy and the soul of our nation," Seller said, echoing a phrase Biden often invokes when he's talking about why he's running for reelection.

The event was full of performances by Tony-winning stars, but only the remarks by the president and Seller were open to the press.

Southern California, the home of extraordinary wealth and the engine of the film and television industry, has historically served as an ATM for the Democratic Party.

Since at least Bill Clinton, Democratic presidents have cultivated intimate ties with powerful figures in the Hollywood entertainment industry. Biden himself raised roughly $1 million during an early 2020 campaign fundraiser at the home of Michael Smith and James Costos, a former HBO executive. That event was attended by former DreamWorks co-founder Jeffrey Katzenberg, now a Biden campaign co-chair.

The ongoing actors and writers strike has ground that to a halt, at least for now. Writers have been on strike for 4 1/2 months over issues including pay, job security and regulating the use of artificial intelligence. SAG-AFTRA members went on strike on July 14.

Biden is the most vocally pro-union president in decades, and is mindful of staying on the right side of labor, a key constituency. As long as the strike goes on, he has been advised by Katzenberg to steer clear, according to three people with direct knowledge of the guidance who insisted on anonymity to discuss internal planning details.

Biden has kept a tepid fundraising schedule since announcing his reelection campaign in April, worrying some donors who believe the president needs to start stockpiling massive amounts of cash now for the brutal campaign that lies ahead. Still, campaign officials say they are raising plenty of money during big-dollar events –- just not anywhere near Los Angeles.

“Joe Biden is the most pro-labor president that I can recall in my lifetime. He is true to his word on that,” said Chris Korge, who serves a dual role as finance chairman of the Democratic National Committee and the Biden Victory Fund, the chief fundraising committee for Biden’s reelection. “The president will decide when is the right time to go, but it’s not impacting our fundraising ability at all.”

Some Biden allies worry that time is wasting. And they note Biden could still raise money from southern California donors who are not affiliated with the entertainment industry.

Even that could prove perilous. The potential of a picket line forming outside the gates of a multimillion-dollar home would present made-for-TV fodder that would only serve to underscore the reality that even a pro-labor president must raise cash from wealthy tycoons who have far more in common with Hollywood studio heads than rank-and-file union members.

Biden and the DNC raised more than $72 million for his reelection in the 10 weeks after he announced his 2024 candidacy, his campaign announced in July. It was a strong but not record performance by an incumbent.

Trump's campaign raised more than $35 million for his White House bid during the second fundraising quarter, nearly double what he raised during the first three months of the year. Trump remains the GOP front-runner despite facing indictments in four different jurisdictions.

Biden will turn his attention to diplomacy on Tuesday and Wednesday at the annual gathering of world leaders at the U.N. After his Wednesday diplomatic engagements, Biden will squeeze in two more fundraisers in New York before returning to Washington.

___

Slodysko and Long reported from Washington.

Aamer Madhani, Brian Slodysko And Colleen Long, The Associated Press
Hundreds of out-of-work Canadian film, TV workers tap into $1.2M in aid: charity




TORONTO — A national charity serving people in the entertainment industry says it has doled out $1.2 million in aid to Canadians affected by the Hollywood actors and writers strikes.

The AFC, formerly known as the Actors' Fund of Canada, says more than 500 film and TV workers have tapped into emergency financial support since the Writers Guild of America walked off the job on May 2.

Executive director David Hope says the need escalated when the Screen Actors Guild and the American Federation of Television and Radio Artists walked off the job July 14 and shuttered more sets.

He says more than 500 additional applicants are seeking help but the AFC’s emergency financial aid program has already been depleted for the year. It's turning to the public for donations.

The dual SAG-AFTRA and WGA strikes halted most U.S. productions shot in Canada, putting tens of thousands of local talent and crews out of work.

Hope says many of those are gig workers who are struggling to buy food, pay their rent or mortgage and meet other basic needs. They include actors, directors and crew.

"Members of the public often perceive the film and TV business as glamorous and that folks in the business are very highly paid and live a life of luxury. Really, they're working folks like everybody else," Hope said Monday.

“Because it's gig work, it's quite variable…. People had a steady income and they were paying their mortgage and they were feeding their kids based on that. That work is gone now.”

The AFC offers up to $2,000 to people who are most at risk, and also provides wellness webinars and sessions on how to find temporary work.

"You know, that $2,000, if you live in Toronto or Vancouver or many other places, is not even enough to pay your rent," Hope said.

"We're able to buy people a little bit of time to help them manage their situations and to help them find alternatives that will carry them through to the end of the strikes, whenever those might be."

Hope said the cast and producers of the B.C.-shot series “The Good Doctor” donated more than $10,000 to the AFC in recent weeks, and that included contributions from stars Freddie Highmore, Paige Spara, Will Yun Lee and Daniel Dae Kim.

Hope said a similar amount came from the cast and producers of the B.C.-shot series “Fire Country,” with donors including co-creators Tony Phelan and Max Thieriot, and stars Diane Farr, Billy Burke, Kevin Alejandro and Stephanie Arcila.

This report by The Canadian Press was first published Sept. 18, 2023.

Cassandra Szklarski, The Canadian Press
This Cree teen is attempting to privately prosecute an Edmonton police officer

GOOD ON HIM


CBC
Mon, September 18, 2023 

Lawyer Heather Steinke-Attia with Pacey Dumas and Irene Dumas outside the Edmonton courthouse Monday after taking the first step aimed at privately prosecuting Const. Ben Todd. (Submitted by Heather Steinke-Attia - image credit)


Experts say it has never succeeded before in Alberta — but a young man from Little Red River Cree Nation is unwilling to back down in his efforts to privately prosecute the police officer who left him with life-altering injuries.

After an investigation, the Alberta Serious Incident Response Team (ASIRT) asked the Alberta Crown Prosecution Service (ACPS) to consider laying excessive force charges against Const. Ben Todd in April but the Crown declined to prosecute.

On Monday, Pacey Dumas signalled he's not giving up.

Nearly three years after Todd's kick to his head resulted in a serious brain injury, Dumas took the first step aimed at a private prosecution.

Alongside his mom and his lawyer, Dumas swore what's called a "private information" alleging Todd committed aggravated assault, in the hopes of putting the matter before an Alberta Court of Justice judge.

"We've been through so much but that's not holding us back," Dumas, 21, said this week in an interview with CBC News.

"If he got kicked in the head, they would have charged that person."

Private prosecutions are rarely attempted in Canada and have never succeeded in Alberta, according to Edmonton-based civil rights lawyer Tom Engel.

In decades of challenging police brutality, Engel has only initiated private prosecutions twice. Both were unsuccessful.

One of those times occurred in 2006 when the ACPS declined to charge Edmonton police Sgt. Bruce Edwards, who repeatedly shot and nearly killed Engel's client Kirk Steele. Steele had stabbed the officer's police dog.

So, why bother?


"The point might be to make the point — that there is enough evidence to lay a charge," Engel said.

"That Crown will have a name. Not like in the [April] case of Dumas, where that Crown prosecutor remained nameless. At least there will be a name for that prosecutor, and that prosecutor will be responsible for having terminated the prosecution."

The Crown prosecutor may also have a different opinion than the one who declined to prosecute Todd, Engel added.


Edmonton defence lawyer Heather Steinke-Attia displays a photo of her client, Pacey Dumas, taken shortly after he was injured during an arrest.


Edmonton defence lawyer Heather Steinke-Attia displays a photo of her client, Pacey Dumas, taken shortly after he was injured during an arrest. (Nathan Gross/CBC)

Dumas is set to go before a judge on Oct. 13. The pre-enquete hearing could be compared to a preliminary trial,except it's not open to the public. The Crown can cross-examine witnesses and make recommendations.

If the judge decides there is enough evidence to proceed to trial, the accused will be charged. At that point, the Crown prosecutor has the right to take over the case, which can go one of two ways.

"That choice will be either to take over the prosecution if they believe it's in the public interest and that there's a reasonable prospect of conviction," said Steven Penney, a law professor at the University of Alberta.

"Or probably, more commonly, the Crown prosecutor will withdraw the charges, in which case everything is ended and the only possibility of reinitiating it is if there is significant new evidence that comes to light."

New evidence could include the full ASIRT report, which Dumas' lawyer, Heather Steinke-Attia, is in the process of obtaining.

The summarized report, available online, found reasonable grounds to lay charges against Todd, concluding "it was clearly a use of force that was intended or likely to cause death or grievous bodily harm."

A case like this cries out for explanation. - Heather Steinke-Attia

On Dec. 9, 2020, Todd kicked Dumas outside his family home in Edmonton's Callingwood South neighbourhood during an arrest, as Dumas crawled on his hands and knees.

Todd said he repeatedly asked Dumas to show his hands after reaching for his pockets but he did not comply.

"In choosing to direct a high-force kick as a first resort at a person's head as they lay on the ground, completely surrounded by multiple officers and weapons — I'm hard-pressed to imagine there's any use-of-force expert out there that could justify that," said Steinke-Attia, who once represented Edmonton police and trained in use-of-force.

"A case like this cries out for explanation."

Dumas, who has no criminal record, was never charged.


A spokesperson for Alberta Justice said the Attorney General of Alberta has the right and responsibility to supervise provincial criminal prosecutions, and the matter will be assessed.

Police did not provide comment apart from confirming that Todd is on leave with pay "unrelated to this investigation."

Dumas has also launched a civil case against Todd and the Edmonton Police Service.

His mother said there is another reason the family is not backing down. They want justice for Dumas's brother, who witnessed the assault.

The family said the once-happy Blair Dumas took his life a year ago after a downward spiral set off by the inability to protect his younger brother from Todd.

Dumas acknowledged that the path he has chosen isn't an easy one, but he hopes it inspires other young Indigenous people

"You've just got to keep on fighting, and it doesn't matter how you're feeling. If you wake up feeling mad or sad, don't let it get the best of you. Got to keep on going."
CANADA
Demonstrators wouldn't leave as police moved in on 'Freedom Convoy,' court hears




OTTAWA — A member of the Quebec provincial police force says protesters were resistant to clearing the street along Parliament Hill during a large operation to dislodge the "Freedom Convoy" last year.

Capt. Etienne Martel with Sûreté du Québec took the stand through a French interpreter in the criminal trial of Tamara Lich and Chris Barber, who are facing charges related to their role in the 2022 protest.

The demonstration blockaded streets and intersections around Ottawa for three weeks in protest against COVID-19 public-health restrictions, vaccine mandates and Prime Minister Justin Trudeau's government.

Martel says his officers were part of a line of police that moved slowly down Wellington Street in crowd control gear on Feb. 18 to try to disperse demonstrators.

He says they barely managed to move 150 meters over the course of many hours because the crowds would not leave, though they were not violent.

The Crown hopes to prove that Lich and Barber encouraged crowds to "hold the line" as police ordered protesters to leave the area around Parliament Hill.

This report by The Canadian Press was first published Sept. 18, 2023.

Convoy trial as contentious as trucker protests themselves


CBC
Mon, September 18, 2023 

Freedom Convoy organizers Tamara Lich and Chris Barber wait for the Public Order Emergency Commission to begin Nov. 1, 2022 in Ottawa. 
(Adrian Wyld/The Canadian Press - image credit)

A fruit-fly-infested courtroom with shoddy technology, a nagging fluorescent light blinking in the corner and a fluctuating crowd of "Freedom Convoy" supporters have been part of the setting of the first eight days of the highly-anticipated trial of protest leaders Tamara Lich and Chris Barber.

Outside the courthouse, a dedicated group of supporters for the two leaders of protests that blockaded large swaths of downtown Ottawa in February 2022 gathers each day with signs saying things like, "Free Tamara."

As expected there hasn't been much debating what happened, or the roles the two played in organizing what came to be known as the "Freedom Convoy" — their actions were well-documented, often by themselves on their own social media feeds that exploded in popularity as the protests grew.

But that hasn't made the trial any less contentious.

Like the convoy itself, there is a significant wedge between how the protest was and is perceived and whether the actions of Lich and Barber are criminal.

Lich, Barber 'crossed the line': Crown

During opening statements at the Ontario Court of Justice in Ottawa, Crown lawyer Tim Radcliffe said the case is not about Lich and Barber's political views, but instead how they "crossed the line" in committing the crimes they're accused of.

Crown lawyers are arguing the protest was anything but peaceful and have spent the first two weeks of trial introducing evidence showing as much: videos and posts from the convoy with police witnesses guiding the court through that material.

Insp. Russell Lucas, the incident commander managing the convoy's impacts, told the court the number of people and vehicles in the downtown core "exceeded expectations."

Protesters were approved to park on Wellington Street in front of Parliament, he said, because "that's where they wanted to be, that's the epicentre."

But he said police soon realized protesters weren't going to leave.

Resources were "stretched so thin" and crowds were becoming more "volatile" as the convoy lingered with officers more likely to be "swarmed" in attempts to take any enforcement action.

Chris Barber, third from right in plaid, walks into the Ottawa Courthouse Sept. 5, 2023, the day his trial began.

Chris Barber, third from right in plaid, walks into the Ottawa Courthouse Sept. 5, 2023, the day his trial began. (Francis Ferland/CBC)

In a Feb. 14 press conference shown to the court, Lich promised the protest would stay peaceful even as the federal government was preparing to use the Emergencies Act to clear the streets.

"No matter what you do, we will hold the line," Lich said in the video.

Crown prosecutors are relying on the videos to help them demonstrate Lich and Barber had control and influence over the protest in their capacity as leaders.

The videos are being used as examples of instances where Lich appears to be encouraging supporters to stay in Ottawa despite being told by police to leave.

That includes when Lich again told protesters to "hold the line" as she was being led away in police handcuffs on Feb. 17, three days after the Emergencies Act had been invoked.

A major police operation to clear the streets of protestors entirely began the following morning.

A video filmed on the eve of her being taken into custody shows a tearful Lich predicting her pending arrest as she describes an expectation of being sent somewhere with "three squares a day."

In the video she tells her supporters to "keep fighting the good fight" and encourages them to come to Ottawa and "stand with us."

In another video taken from Barber's TikTok account, he told truckers to "grab that horn switch" and "let it roll as long as possible" if police tried to dislodge them.

In another TikTok video posted on Feb. 9, he tells supporters that if a trucker is arrested and ordered to leave the city, they will be replaced "with three new truckers."

A court sketch of Ottawa truck convoy organizers Chris Barber, left, and Tamara Lich, right, from their appearance Sept. 5, 2023.

A court sketch of Ottawa truck convoy organizers Chris Barber, left, and Tamara Lich, right, from their appearance Sept. 5, 2023. (Lauren Foster-MacLeod/CBC)

Defence showing 'other side' of Freedom Convoy

Lich and Barber maintain the protests were organized to end COVID-19 mandates, and defence lawyers are introducing their own videos showing a more peaceful side of the convoy.

Despite the disdain felt by Ottawa residents and others who followed along, the reality is that for many, the protests invoke only positive memories: A downtown core filled with peace, love and unity — bouncy castles, pig roasts and street hockey included.

And while prosecutors are able to point to instances of Barber and Lich urging supporters on, the two were also consistent in telling their followers to remain peaceful.

In one video, recorded as Lich was making her way to Ottawa, she tells her supporters being violent or threatening is "not our mandate."

"This is about your rights and freedoms, and we're not here to be violent or anything like that," she said.

In another, she tells her viewers anyone caught breaking the law or promoting violence will be reported to the police.

Diane Magas, counsel for Barber, said presenting those videos was to show the judge circumstances and context.

The defence is also trying to demonstrate the popular refrain "hold the line" could be interpreted differently by different people, and didn't necessarily act as a call to supporters to continue protesting.

Magas showed a video of former Newfoundland premier Brian Peckford, who talks about the Charter of Rights and Freedoms. Peckford is the only living first minister who was involved in the agreement to repatriate and update the Canadian Constitution in the early 1980s, and came to Ottawa supporting protesters.

He uses the phrase "hold the line" in a speech given during the trucker protests.

"We're going to be arguing that there's inferences of lawful protesting behind those words for the former premier," she said.

The trial for convoy protest organizers Tamara Lich, centre, and Chris Barber (not pictured, begins on Tuesday, Sept. 5, 2023 in Ottawa. The trial is expected to last about 16 days.

Tamara Lich, centre, and her lawyer outside court. (Francis Ferland/Radio-Canada)

Accused in court each day

Barber and Lich have sat in court each day behind their team of lawyers.

They are facing charges that include mischief, counselling others to commit mischief, intimidation and obstructing police for their role in the weeks-long protest.

Lich, dressed impeccably each day with a unique style, is more likely to directly engage her counsel and stand with her lawyers as they discuss strategy during breaks. She spends most of the breaks smoking cigarettes near her hired security, husband and occasionally a supporter. From Medicine Hat, Alta., Lich will turn 51 this week.

She's already spent 49 days in jail spread across two stints: the first when she was initially arrested, then again after she was picked up on a Canada-wide warrant for violating her bail conditions.

Barber, in an endless supply of plaid shirts, arrives each day with his wife and dutifully watches the proceedings, sometimes jotting notes into a notepad. A 48-year-old trucker, Barber was released shortly after his arrest and returned to his home in Swift Current, Sask.

Trial expecting further delays

The prosecution is expected to introduce around 22 witnesses and hours of video as part of its case. Originally scheduled to take 10 days, the Crown is still working its way through its first few witnesses after eight days of sitting and it's likely additional court dates will be needed.

More police officers, city leadership and people who lived and worked downtown during the protests could all end up testifying.

But at times the trial has ground to a near-halt as lawyers argue over things like the admissibility of evidence or whether certain witnesses will be able to testify.

The judge-alone trial was originally set to wrap in October after 16 days, but it is likely it will take longer.

The trial continues Monday for its ninth day.

'So many of us don't want to be here': Halifax man living in tent calls for housing solutions


CBC
Mon, September 18, 2023 

Roy Bussey is shown securing his new tent at a Halifax encampment after losing his last one to post-tropical storm Lee.
 (Gareth Hampshire/CBC - image credit)

After spending two nights at a shelter to avoid the wrath of post-tropical storm Lee, Roy Bussey returned to Victoria Park in Halifax on Sunday to find his tent and many of his belongings destroyed.

His time in the shelter at the Captain William Spry Centre in Spryfield, N.S., had provided some temporary relief.

"I didn't have to worry about stuff," he said. "There was food in there."

The province made three temporary shelters available to people living at homeless encampments in Halifax during Lee. Around 90 people stayed at those facilities during the storm, it said.

Bussey and others are calling for more permanent solutions to a growing homelessness crisis in Halifax and housing shortage.


Tents are shown at Victoria Park in Halifax.

Tents are shown at Victoria Park in Halifax on Monday, Sept. 18. (Dave Laughlin/CBC)

The 31-year-old said he has several medical conditions and served two tours of duty in Afghanistan. He said some nights at Victoria Park can be loud. He said there's lots of alcohol and drug use happening, and he's worried about the safety of he and his wife.

"So many of us don't want to be here," he said. "We want our own apartments. Income assistance don't got enough money to give us apartments."

It's a sentiment shared by Lucas Goltz, the program co-ordinator for the downtown Halifax navigator outreach program. He said he has more clients each passing week.

"We have so many people who are on income assistance, they're on disability, that are finding themselves out here because they can't afford anything else in the rental market," he said.

With winter around the corner and a growing homeless population in Halifax, he wants all levels of government to stop pointing fingers at each other and create more "deeply affordable housing."

In a statement, the Department of Community Services said it's working with municipalities and community partners to finalize shelter plans for the winter months.

"There is no question that having additional shelter space is critical to helping people who are unhoused during extreme and cold weather," it said.


Lucas Goltz, the program co-ordinator for Downtown Halifax's navigator outreach program, says he's seeing more and more homeless people each week.

Lucas Goltz, the program co-ordinator for Halifax's downtown navigator outreach program, says he's seeing more homeless people each week. (Dave Laughlin/CBC)

Goltz said that with many people's tents and belongings destroyed because of Lee, he expected he'd be giving out around 30 replacements. As people rebuild, he said there's a feeling of hopelessness and despair.

"'How am I going to dig myself out of this hole that I'm currently in here in an encampment?'" he said.

With a provincewide housing shortage and expensive rents, Bussey said he can't find affordable housing.

For now, he said his plans for winter are to get a 10-person tent and a smaller one to set up inside of it, with the hope it keeps he and his wife warm.

"That's the best way I can do right now," he said.