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CITY OF VANCOUVER
SPECIAL COUNCIL MEETING MINUTES
DECEMBER 8, 10, 1998, JANUARY 26, FEBRUARY 4, and
MARCH 8, 1999
A Special Meeting of the Council of the City of Vancouver was held on Tuesday, December 8, 1998, in the Council Chamber, Third Floor, City Hall, commencing at 9:00 a.m., for the purpose of determining whether or not 1998 and 1999 Business Licenses ought to be granted to the Applicant, Shelley Francis, carrying on business as Sister Icee's Hemp BC and Cannabis Cafe, 307 West Hastings Street, Vancouver, British Columbia. Subsequently the meeting was recessed, and reconvened in the Council Chamber, at 7:00 p.m. on Thursday, December 10, 1998, Tuesday, January 26, Thursday, February 4, and Monday, March 8, 1999. The Minutes have been consolidated for ease of reference.
PRESENT: |
Deputy Mayor George Puil, Chair (Dec.)
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ABSENT: |
Mayor Philip Owen
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CITY MANAGER'S
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Judy Rogers, Deputy City Manager (Dec.)
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CITY CLERK'S REPRESENTATIVE: |
Denise Salmon |
COMMITTEE OF THE WHOLE
MOVED by Cllr. Bellamy,
SECONDED by Cllr. Don Lee,
THAT this Council resolve itself into Committee of the Whole, Deputy Mayor Puil in the Chair.
- CARRIED UNANIMOUSLY
1. Sister Icee's Hemp BC and Cannabis Cafe File: 2711-12
Vancouver City Council had before it for consideration the following material (on file in the City Clerk's Office) and the evidence of witnesses:
TAB
1. 1992-1998 Business Licence History re Hemp B. C., Cannabis Cafe, and 307 West Hastings Street
2. January 1996 Police Documentation re search warrant at 324 West Hastings Street
3. January 10, 1996 letter from Sgt. Jens Linde, Vancouver Police Department to Paul Teichroeb
4. July 1996 and December 1996 Internet information from hempbc.com site
5. June 20, 1997 Internet information from hempbc.com site re Cannabis Cafe
6. July 17, 1997 Memo from Insp. D. Jones to Paul Teichroeb
7. July 31, 1997 Letter from Paul Teichroeb to Marc Emery refusing to issue business licence for Cannabis Cafe
8. December 16, 1997 Police Documentation re search warrant
9. December 18, 1997 Letter from Sgt. C. Hetherington to Paul Teichroeb and December 18 and 19, 1997 reports of Guy Gusdal
10. January 17, 1998 Police Documentation re trafficking charges against Marc Emery arising at 307 West Hastings Street
11. February 17, 1998 Letter from Paul Teichroeb to Marc Emery declining to issue business licences in 1998 for Hemp B. C. and Cannabis Cafe
12. March 13, 1998 Marc Emery's Undertaking to a Justice or a Judge agreeing not to be found in the 300 block West Hastings Street
Clause 1 Cont'd
13. April 20, 1998 package of Letters and materials from Jonathan Baker & Associates, legal counsel for Shelley Francis and Adam Patterson, re Cannabis Cafe business licence application by Adam Patterson
14. April 20, 1998 package of Letters and materials from Jonathan Baker & Associates, re Shelley Francis and Hemp B. C. business licence application
15. April 30, 1998 Police Documentation re search warrant at 307 West Hastings Street
16. May 20, 1998 Letter from Jonathan Baker & Associates re Shelley Francis's purchase of the Cannabis Cafe from Adam Patterson
17. July 16, 1998 Letter from Paul Teichroeb to Shelley Francis refusing to issue 1998 business licences re Sister Icee's Hemp B. C. and Cannabis Cafe
18. July 31, 1998 Police Documentation re undercover operation at 307 W. Hastings St.
19. August 6, 1998 Police Documentation re Shelley Francis
20. August 19, 1998 Corporate Searches re S.C.Y. Chow Enterprises Co. Ltd.
21. August 27, 1998 Vancouver Police Department report re telephone call from Chris Anstee, former manager of Cannabis Cafe
22. August 27, 1998 Letter from John Nelson, City of Vancouver, Law Department, to Brent Lokash, Jonathan Baker & Associates requesting documents
23. August 28, 1998 Consumer Tax Branch Bulletin 044 re P.S.T.
24. September 4, 1998 - two Affidavits of Valerie Fuller, Legal Assistant with the City of Vancouver
25. September 11, 1998 Internet search showing Hemp B. C.'s Administrative Contact as at September 11, 1998 as Will Griffin of Avalon Sunsplash, 504 - 21 Water Street with attached Internet information on Cannabis Cafe
26. September 15, 1998 Letter from John G. Nelson, City of Vancouver, Law Department to Brent Lokash, Jonathan Baker & Associates requesting documents
Clause 1 Cont'd
27. Statute Extracts:
Criminal Code
Vancouver Health By-Law
Vancouver Charter
Controlled Drug and Substances Act of Canada
Vancouver License By-Law
28. Reported Cases:
Tuck v. Robson, February 19, 1970
R. v. Nixon, July 4, 1990 (Headnote); considering Tuck v. Robson
Kim v. City of Vancouver, November 22, 1985
Sunrise Hotel v. City of Vancouver, May 30, 1975
D & H Holdings Ltd. v. Vancouver, July 3, 1985
City of Toronto v. Polai, December 6, 1968; Court of Appeal, November 7, 1969; Supreme Court of Canada, June 29, 1972
Mr. John Nelson, Corporation Counsel, was present on behalf of the City. Messrs. Jonathan Baker, Brent Lokash and Jim Millar, represented Shelley Francis, carrying on business as Sister Icee's Hemp BC and Cannabis Cafe. Mr. Nelson requested a motion from Council to not permit videotaping or photographing of any Police Officer giving evidence, as all presently work undercover. He further directed Council to disregard any references to Section 462.2 of the Criminal Code of Canada in the material distributed, as agreed to by both the City and counsel for the applicant, Ms. Francis.
MOVED by Cllr. Bellamy,
THAT, at the request of the Police Department, all videotaping and photographing of the Police Officers giving evidence be restricted at this Show Cause Hearing.
- CARRIED UNANIMOUSLY
At the request of Council on January 26, 1999, the City's legal counsel on February 4, 1999, submitted copies of the agreement dated November 20, 1998 (on file), relating to Section 462.2 of the Criminal Code as noted above. Also submitted were charges dated May1, 1998, and record of conviction dated November 4, 1998, against Marc Emery (on file).
Clause 1 Cont'd
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Throughout the proceedings Messrs. Millar and Lokash acting with respect to Section 462.2 of the Criminal Code, offered their concern to Council regarding the information before Council and questioned Council's ability to disregard such material, which is currently before the Courts for decision. The Chair advised all references to Section 462.2 of the Criminal Code would be excluded from proceedings when dealing with the issue.
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MOVED by Cllr. Chiavario, (December 8, 1998)
THAT this Show Cause Hearing be adjourned pending receipt of full information regarding the status of the document before Council this day.
- LOST
(Councillors Bellamy, Kennedy, Don Lee, Sullivan and Deputy Mayor Puil opposed.)
---
The Chair advised of his intention to adjourn the Show Cause Hearing at 12:00 noon on December 8, 1998, and reconvene on Thursday, December 10, 1998, at 7:00 p.m. Counsel for Shelley Francis voiced opposition to the December 10th date, and advised January 26, 1999, had earlier been agreed to as the next date for continuation of the Hearing.
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CHALLENGE TO THE CHAIR
MOVED by Cllr. Chiavario, (December 8, 1998)
THAT a vote be called on the Chair's decision to proceed with the Sister Icee's Hemp BC and Cannabis Cafe Show Cause Hearing on Thursday, December 10, 1998.
- LOST
(Councillors Bellamy, Kennedy, Don Lee, Sullivan and Deputy Mayor Puil opposed.)
MOVED by Cllr. Chiavario, (January 26, 1999)
THAT Council discontinue this Show Cause Hearing until such time as the pendingcriminal case has been heard.
- LOST
(Councillors Bellamy, Kennedy, Don Lee, Puil and Sullivan opposed.)
Clause 1 Cont'd
Mr. Nelson advised the proceedings were taking place pursuant to Section 275 of the Vancouver Charter, which provides that issuance of a business license is deemed to be at the discretion of Council, Section 277 which contains appeal provisions, and Section 278 which provides that Council may suspend or revoke a business license. Council's attention was then directed to a memorandum from the City's Director of Legal Services dated September 10, 1998, to Shelley Francis, doing business as Sister Icee's Hemp BC and Cannabis Cafe, which set out the following allegations that the Applicant has failed to properly manage the premises by:
(a) encouraging, facilitating, permitting and promoting possession and or consumption of illegal drugs, namely Cannabis (marihuana) on the premises;
(b) encouraging, facilitating, promoting or permitting the sale of drug paraphernalia on the premises;
(c) encouraging, facilitating, permitting and or failing to prevent Marc Emery from having any direct, indirect and or contingent involvement in the ownership or operation of the any business activity carried on in the premises occupied by Sister Icee's Hemp BC and Cannabis Cafe at 307 West Hastings Street, Vancouver, BC and failing to meet the other terms of the agreements dated April 7, 1998 and May 13, 1998 the applicant provided to the City of Vancouver as part of her licence applications.
(d) carrying on business and or managing a business to the detriment of the safety and well being of the public and in particular minors by selling, offering for sale, displaying for sale, and distributing to a person actually, or apparently under the age of sixteen years drug paraphernalia and Cannabis (marihuana) that may be harmful or dangerous to the health or safety of persons actually or apparently under the age of sixteen years pursuant to Sections 275 & 277 of the Vancouver Charter.
In support of these allegations, John Nelson called the following witnesses:
· Paul Teichroeb, Chief Licence Inspector,
Licence and Property Use Division (December 8 and 10)
Clause 1 Cont'd
· Guy Gusdal, Permit and Licenses (December 10)
· Inspector Dave Jones, i/c District 1, Vancouver Police Department (December 10)
· Det./Cst. #1462 Cinda Lucille Lose, Vancouver Police Department (December 10)
· Det. #423 Robert Neal Tyldsley, Vancouver Police Department (December 10 and January 26)
· Det./Cst. #1695 Mark Bragagnolo, Vancouver Police Department (January 26)
· Sgt. #652 Wayne Cope, Vancouver Police Department (January 26)
· Det./Cst. #1277 Ian D.R. Thurber, Vancouver Police Department (January 26)
· Sgt. #764 Carl Hetherington, Vancouver Police Department (February 4)
· portion of video tape 'Under Appeal' dated May 14, 1998
· portion of video tape 'Nitewatch' dated April 1998
Messrs. Baker, Lokash and Millar also directed questions to each of the witnesses. On February 4, 1999, Brent Lokash submitted for Council's consideration two petitions, one signed by 4,400 persons, the other by 5,800 persons, and copies of correspondence received by the City Clerk's Office, with note of only one objection to Ms. Francis' application. Messrs. Lokash and Millar then called the following witnesses:
· Claudette Barrett, Proprietor, Juice Joint Java, 319 West Hastings
· Steve Lippold, Merchant, Cabbages and Kinx, 315 West Hastings
· Greg Cooper
· Michael Butts, area resident
· Don Vincent, Owner, Basic Imports
At the meeting on March 8, 1999, Mr. Millar filed an Affidavit dated March 8, 1999, of Shelley Francis. Mr. Nelson submitted as evidence two video tapes: "Nitewatch - April 1998" and "Under Appeal - May 14, 1998". Mr. Nelson also noted Sections 269-271 of the Vancouver Charter place a duty on a business owner to give access and information to the Chief Licensing Officer. The degree of voluntary access and voluntary information has been minimal by the applicant, Mr. Francis. Accordingly, Mr. Nelson circulated a document (on file) which contained points for Council to consider and address when making its decision,as follows:
a) The applicant has not properly managed the businesses at 307 West Hastings Street and increased the risk of harm to the general public by promoting, facilitating, and permitted the possession and consumption of cannabis on the premises; and promoting, facilitating and allowing drug instrument sales on the premises.
Clause 1 Cont'd
b) The applicant is untrustworthy, has an irresponsible attitude, demonstrates a total lack of cooperation with the police, which all caused a deterioration of the degree of respect for the law in the neighbourhood and negatively impacted the well being and safety of people living or entering into that neighbourhood.
c) The applicant facilitated, and permitted Marc Emery to continue operating the business by participating in a ruse to deceive the City and avoid the City's legitimate licensing considerations.
d) The applicant increased the risk of harm, or danger to the health or safety of children contrary to Section 277(d) of the Vancouver Charter.
Mr. Nelson submitted on March 8, 1999, that the evidence presented at this Hearing accords with the foregoing and sets out the legal test for Council to apply in determining whether or not 1999 Business Licenses ought to be granted to the Applicant, Shelley Francis, carrying on business as Sister Icee's Hemp BC and Cannabis Cafe, 307 West Hastings Street, Vancouver, British Columbia.
Council Discussion
Prior to a decision on this matter, Council members noted the demonstrated history of the allegations as set out in the following recommendation.
MOVED by Cllr. Kennedy,
THAT two 1999 Business Licenses not be granted to the applicant, Shelley Francis, carrying on business as Sister Icee's Hemp BC and Cannabis Cafe, 307 West Hastings Street, Vancouver, British Columbia, due to the following substantiated allegations that the applicant has failed to properly manage the premises resulting in a negative impact on the neighbourhood by:
(a) demonstrating an irresponsible attitude, by failing to cooperate with the Chief License Inspector, and by not delivering requested documentation;
(b) demonstrating a total lack of cooperation with the police, and in particular barring the police from 307 West Hastings Street;
Clause 1 Cont'd
(c) causing increased risk of harm, or danger to the health or safety of adults and children contrary to Section 277(d) of the Vancouver Charter by also allowing smoking on the premises in contravention of the City's Health By-law (Sec. 6.1 and 6.2).
- CARRIED UNANIMOUSLY
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Cllr. Bellamy,
THAT the Committee of the Whole rise and report.
- CARRIED UNANIMOUSLY
ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Cllr. Herbert,
SECONDED by Cllr. Sullivan,
THAT the report of the Committee of the Whole be adopted.
- CARRIED UNANIMOUSLY
The Council recessed at:
12:05 p.m. on December 8, 1998
10:00 p.m. on December 10, 1998
9:30 p.m. on January 26, 1999
8:30 p.m. on February 4, 1999
and
adjourned at 9:25 p.m. on March 8, 1999
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