Cafe ’openly Flouting’ Drug Laws Raided B

[Alfa]

CAFE'S POT SUPPLIER RUN BY EX-CON JAILED FOR WEAPONS, DRUG OFFENCES

The group that supplies pot to Da Kine Smoke & Beverage Shop is headed
by a man released from prison less than two years ago after serving
time for growing marijuana, money-laundering and a weapons offence.

Donald Briere was arrested in 1999 by Surrey RCMP, who said at the
time his marijuana-growing operation was the largest they had ever
seen, employing about 80 people.

Police also said Briere owned an arsenal of deadly weapons, including
an Intratec 9 mm machinegun and 260,000 rounds of ammunition.

He was sentenced in October 2001 to four years in prison after
pleading guilty to cultivating marijuana, laundering $2.3 million in
proceeds and possessing a prohibited assault rifle.

His plea followed a deal police made with his brother-in-law Doug
Montaldi, one of two key figures in an unregulated bank in Burns Lake.
Police said they would not pursue money-laundering charges against
Montaldi if he testified against Briere, who'd provided the funds for
the bank.

Information sworn by the RCMP in order to obtain a search warrant in
May 2000 stated that Briere transferred hundreds of thousands of
dollars in U.S. currency to Montaldi, a director and shareholder of
439288 B.C. Ltd., between 1995 and 1998.

The document said Montaldi, who was married to Briere's sister, cycled
more than $850,000 Cdn -- most of it in U.S. currency -- through the
numbered company, which took deposits and made loans to Burns Lake
residents.

In the end, Montaldi did not have to testify against Briere, who chose
to plead guilty. In 2001, the Canadian Revenue Agency took action
against Briere to recover more than $1 million in unpaid income tax.

Montaldi and his partner in the unregulated bank, Glenn Anderson, were
suspended from the securities market for 12 years and fined $200,000
by the B.C. Securities Commission. However, earlier this year the B.C.
Court of Appeal threw out the commission's findings of fraud and
misrepresentation, and concluded the commission would have to
reconsider its sanctions against the two.

Before he was sentenced, Briere set up the Canadian Sanctuary Society,
which he said would be dedicated to helping people legally obtain
marijuana for medicinal purposes. He is one of five directors of the
society, and he and three other direct
ors were Marijuana Party
candidates in the most recent B.C. election.

Briere was released on day parole in December 2002 and promptly
announced plans to open a chain of cafes for people who are allowed to
use marijuana for medicinal purposes.

Briere could not be reached to comment Monday.

Da Kine owner Carol Gwilt has said the cafe donates space to the
society, which sells marijuana there. She would not say where the
society obtains its marijuana.

The cafe was raided by Vancouver police last Thursday, and Gwilt and
seven employees were arrested.

She said the cafe has been selling marijuana for four months to
patrons who are over 18 years of age and have a federal exemption
allowing them to buy marijuana or are registered with the society and
have applied for an exemption.

Lorne McLeod, also a spokesman for the business, said 10,000 such
applications have been completed since the cafe opened.

But Michael Hansen of the Canadian Cannabis Gro-Operative Union said
Da Kine is giving the marijuana industry a bad name because it has
been selling pot to people who are under 18.

"If you're offering a service to sick people, that's great. But when
you open it to the public, that's wrong," Hansen said Monday in an
interview.

After the raid, police said a majority of the customers in Da Kine
were young, and none were able to show that they had a federal exemption.

Despite the well-publicized raid, which involved as many as 30 police,
some disguised with balaclava masks, marijuana sales continue at Da
Kine, and the Vancouver Police Department said Monday it is not ruling
out the possibility of another big raid.

"Our investigation in regards to Da Kine remains active -- we haven't
concluded anything," Const. Sarah Bloor said Monday. "They continue to
flaunt their criminal activity and we will continue to uphold the law."

Bloor said police estimate Da Kine has gross sales of $500,000 a
month.

"There's no other legitimate business that I can think of on
Commercial Drive that is making half a million dollars," she said.

Bloor would not say what measures police might take: "We'll definitely
make it public when we do go forward, but at this point we are still
actively investigating and using a number of different applications in
order to complete that investigation."

She added police are aware of other Commercial Drive businesses that
are selling marijuana, and said they would be investigated "in due
course."

Bloor said police expressed concern as long ago as January that drugs
might be sold on the premises if Da Kine was granted a licence, and
made those concerns known to the city.

"This was discussed back in January as far as our concerns about the
potential for this type of cafe, and their potential for applying for
a licence," she said. "It wasn't until May that the licence was
granted, so we were completely unaware that it had been and it wasn't
until we got public complaints in August that it came to our radar
screen, but we weren't aware of it prior to that."

Last week, Paul Teichroeb, the city's chief licence inspector, said
licensing authorities were aware of concerns about drug sales when
they considered the cafe's business licence application.

"We were very careful about asking them about exactly their type of
business and what they were going to sell," he said. "We were assured
it was going to be publications and some food and everything that
would conform to the bylaw, and on that basis we issued a licence.

"We were very specific about whether there was going to be any illegal
activity or sale of marijuana or other products and we were assured
that that wasn't going to occur on the premise."

[Alfa]

EX-CON SUPPLIES CONTROVERSIAL POT SHOP

VANCOUVER - The group that supplies pot to Da Kine Smoke & Beverage
Shop is headed by a man released from prison two years ago after
serving time for growing marijuana, money-laundering and a weapons
offence.

Donald Briere was busted in 1999 by Surrey RCMP, who said at the time
his marijuana-growing operation was the largest they had ever seen,
employing about 80 people.

Police also said Briere owned an arsenal of deadly weapons, including
an Intratec 9-mm machine gun and 260,000 rounds of ammunition.

He was sentenced in October 2001 to four years in prison after
pleading guilty to cultivating marijuana, laundering $2.3 million in
proceeds and possessing a prohibited assault rifle.

His plea followed a deal police made with his brother-in-law Doug
Montaldi, one of two key figures in an unregulated bank in Burns Lake.
Police said they would not pursue money-laundering charges against
Montaldi if he testified against Briere, who'd provided the funds for
the bank, they said.

Information sworn by the RCMP in order to obtain a search warrant in
May 2000 stated that Briere transferred hundreds of thousands of
dollars in U.S. currency to Montaldi, a director and shareholder of
439288 B.C. Ltd., between 1995 and 1998.

The document said Montaldi, who was married to Briere's sister, cycled
more than $850,000 through the numbered company, which took deposits
and made loans to Burns Lake residents.

In the end, Montaldi did not have to testify against Briere, who chose
to plead guilty. In 2001, the Canadian Revenue Agency took action
against Briere to recover more than $1 million in unpaid income tax.

Montaldi and his partner in the unregulated bank, Glenn Anderson, were
suspended from the securities market for 12 years and fined $200,000
by the B.C. Securities Commission. However, earlier this year the B.C.
Court of Appeal threw out the commission's findings of fraud and
misrepresentation, and concluded the commission would have to
reconsider its sanctions against the two.

Before he was sentenced, Briere set up the Canadian Sanctuary Society,
which he said would be dedicated to helping people obtain marijuana
for medicinal purposes. He is one of five directors of the society,
and he and three other directors we
re Marijuana Party candidates in
the most recent provincial election.

Briere was released on day parole in December 2002 and promptly
announced plans to open a chain of cafes for people who are allowed to
use marijuana for medicinal purposes.

Briere could not be reached for comment Monday.

Da Kine owner Carol Gwilt has said the cafe donates space to the
society, which sells marijuana there. She would not say where the
society obtains its marijuana.

The cafe was raided by Vancouver police last Thursday, and Gwilt and
seven employees were arrested.

She said the cafe has been selling marijuana for four months to
patrons who are over 18 years of age and have a federal exemption
allowing them to buy marijuana or are registered with the society and
have applied for an exemption.

Lorne McLeod, also a spokesman for the business, said 10,000 such
applications have been completed since the cafe opened.

But Michael Hansen of the Canadian Cannabis Gro-Operative Union said
Da Kine is giving the marijuana industry a bad name because it is been
selling pot to people who are under 18.

"If you're offering a service to sick people, that's great. But when
you open it to the public, that's wrong," Hansen said Monday in an
interview.

After the raid, police said a majority of the customers in Da Kine
were young, and none were able to show that they had a federal exemption.

Despite the well-publicized raid, which involved as many as 30 police,
some disguised with balaclava masks, marijuana sales continue at Da
Kine, and the Vancouver Police Department said Monday it is not ruling
out the possibility of another big raid.

"Our investigation in regards to Da Kine remains active -- we haven't
concluded anything," Const. Sarah Bloor said Monday. "They continue to
flaunt their criminal activity and we will continue to uphold the law."

Bloor said police estimate Da Kine has gross sales of $500,000 a
month.

"There's no other legitimate business that I can think of on
Commercial Drive that is making half a million dollars," she said.

Bloor would not say what measures police might take: "We'll definitely
make it public when we do go forward, but at this point we are still
actively investigating and using a number of different applications in
order to complete that investigation."

She added police are aware of other CommercialDrive businesses that
are selling marijuana, and said they would be investigated "in due
course".

Bloor said police expressed concern as long ago as January that drugs
might be sold on the premises if Da Kine was granted a licence, and
made those concerns known to the city.

"This was discussed back in January as far as our concerns about the
potential for this type of cafe, and their potential for applying for
a licence," she said. "It wasn't until May that the licence was
granted, so we were completely unaware that it had been and it wasn't
until we got public complaints in August that it came to our radar
screen, but we weren't aware of it prior to that."

Last week, Paul Teichroeb, the city's chief licence inspector, said
licensing authorities were aware of concerns about drug sales when
they considered the cafe's business licence application.

"We were very careful about asking them about exactly their type of
business and what they were going to sell," he said. "We were assured
it was going to be publications and some food and everything that
would conform to the bylaw, and on that basis we issued a licence.

"We were very specific about whether there was going to be any illegal
activity or sale of marijuana or other products and we were assured
that that wasn't going to occur on the premise."

[Alfa]

CONTROVERSIAL CAFE'S POT SUPPLIER CHARGED WITH POSSESSION FOR PURPOSE OF
TRAFFICKING

VANCOUVER -- The founder of the society supplying pot at the Da Kine Smoke
and Beverage Shop is back in jail on a charge of possessing marijuana for
the purpose of trafficking.

Donald Briere, who was on parole for growing marijuana, money laundering
and a weapons offence, was taken into custody Sunday, four days after
Vancouver police raided the Da Kine, a Commercial Drive store that
continues to defiantly sell marijuana.

Court documents indicate was charged with possession of up to three
kilograms of marijuana for the purposes of trafficking.

On Tuesday, Briere was taken to Burnaby General Hospital complaining of
chest pains, but was discharged and taken back to Vancouver Remand Centre
in the afternoon, according to his lawyer, John Conroy.

Briere and his daughter, Colleen Denise Briere Smart, are directors of the
Canadian Sanctuary Society, a registered non-profit society whose aims are
to advocate for the legalization of marijuana, and to supply pot for
medical purposes.

The society is continuing to operate the Da Kine, despite the arrest of
owner Carol Gwilt and seven others. On Tuesday, there appeared to be no
slow-down in the number of customers lining up to buy pot. People lined up
out the door and were sold multiple packs of pot, which were selling for
$2.50 for a joint and $10 a gram.

The defiance of the shop's volunteers infuriated Eileen Mosca, president of
the Grandview-Woodlands Community Policing Centre, who said her group
repeatedly warned City Hall about the society's plans to open a pot shop
one block away from Britannia secondary school.

Mosca said the centre learned of Gwilt's plans after she was rebuffed in an
attempt to open up a similar shop in the Collingwood area earlier in the
year. Collingwood Community Policing Centre called Mosca and city hall to
warn that Gwilt had announced she would instead move to the Commercial
Drive area.

When an officer from the Grandview Woodlands policing centre and a licence
inspector visited Da Kine Jan. 19, they discovered Gwilt doing renovations
without a permit.

When they asked her what her plans were, she told them they
planned to
"open a cafe/compassion club," according to a copy of the licence and
inspection report filed with the city.

"When asked what they meant by a compassion club, Carol Gwilt stated 'for
the dispensing of medicinal marijuana,"' the report continued.

The Da Kine's operators were told by the inspector that "they should come
into the licence office to discuss the operation of a compassion club."

Mosca said that admission was enough to raise concerns with the policing
centre, which then advised city hall, local schools and the Britannia
Community Centre. Despite that, the city issued a licence on May 4, two
weeks after receiving Gwilt's application.

"We did our due diligence, and we went to the city's neighbourhood
integrated services team. We notified schools and community centres that
the business was being proposed, and we didn't want it to open. But we were
totally ignored by the city," she said.

[Alfa]

DA KINE'S ALLEGED SUPPLIER COULD BE GOING BACK TO JAIL

Don Briere, the man who was allegedly supplying pot to the Da Kine
Smoke and Beverage Shop, could be heading back to prison.

Briere was arrested Sunday night and charged with possession of drugs
for the purpose of trafficking.

His daughter, Denise Briere, said her dad suffered what appears to be
a heart attack during the arrest. He was taken from hospital back to
the cells last night, Denise Briere said. The charges would mean
Briere has violated his parole and will be held in prison.

Briere was granted full parole on June 27, 2003, after being handed a
four-year sentence in October 2001 for running a series of grow-ops
and possession of restricted weapons.

Crown counsel said Briere was running the largest grow operation they
had ever seen in B.C. They estimated he laundered over $2 million,
much of it going into real estate.

National Parole Board documents obtained by The Province show that
Briere firmly believed that marijuana should be legalized and vowed to
campaign for its medical use. He showed no remorse for his criminal
activities.

In a December 2002 ruling granting Briere day parole, the parole board
wrote: "You were motivated to make money and were annoyed at the
justice system. You believe that marijuana should be legalized, that
the Charter of Rights has been violated, taxes are too high and that
the government mismanages money. Your political opinions allow you to
rationalize your criminal behaviour. You have no remorse for your
criminal convictions."

Briere's picture appeared in a TV ad in February 2003 promoting a
seminar on the use of medical pot. A story also appeared on the web
saying he was going to open a chain of marijuana cafes. In both cases,
the board thought he was acting within his Charter rights.

Briere's case-management team was against him receiving full parole,
saying he was still at risk of offending. But the board believed he
would not go back to his criminal ways.

"Though you continue to support the legalization of marijuana, you are
clear in the expression of your intent to avoid illegal activity," the
board wrote.

The board noted that Briere's wife had filed for divorce, he was
apparently broke and hi
s health was "deteriorating." The board imposed
conditions on his parole, stating he could not use drugs and could not
"associate with anyone involved in gang activities, substance abuse,
the drug trade and/or other criminal activities."

Briere founded the Canadian Sanctuary Society in August 2001 along
with four others including his daughter, Colleen Denise Briere Smart.
Smart is listed as the sole director of the Commercial Drive smoke
shop.

Donald Briere said the Sanctuary Society would help people legally
obtain pot for medical purposes.

Da Kine owner Carol Gwilt has stated that the shop grants space to the
society. She said the cafe sells dope only to people over 18 years old
and who apply for a federal exemption allowing them to use pot for
medical reasons.

The cafe was raided by Vancouver police last Thursday. Gwilt and seven
employees were arrested and charged with drug offences.

[Alfa]

POLICE ARREST POT SHOP'S OWNER FOR BREACHING BAIL

VANCOUVER - Carol Gwilt, owner of the controversial Commercial Drive
shop Da Kine Food and Beverage, where marijuana is sold, was
re-arrested on Thursday afternoon on a charge of breaching her bail
conditions.

She was arrested without incident in a vehicle on Commercial Drive and
taken into custody. She is due to appear in provincial court today,
said Const. Sarah Bloor, spokeswoman for the Vancouver police department.

Da Kine caught the attention of police after media reports of
over-the-counter sales of marijuana. Police raided the shop on Sept. 9
and arrested Gwilt and seven employees on charges of possessing
marijuana for the purpose of trafficking. Gwilt was also charged with
possessing proceeds from a crime.

After spending a night in jail, she and the others were released from
custody, pending a further appearance on Oct. 6, on the condition they
stay away from marijuana or any premises, automobile, or person where
marijuana is present.

At the time, provincial court Judge William Kitchen remarked it was
"silly" for them to remain in custody and added that marijuana-related
cases were "not the most dangerous offences".

However, Kitchen warned they could go to jail if caught
again.

Gwilt was back at Da Kine soon after her release and in an interview
with The Vancouver Sun outside the shop on Friday, she vowed that her
business would remain open and continue selling marijuana to people
who use it for medicinal purposes.

Bloor said on Thursday the file on Da Kine was still
active.

"There are still drug trafficking activities inside the the cafe," she
said, adding that more information on the arrest, and whether Gwilt
could face further charges, would be released today.

[Alfa]

OWNER OF VANCOUVER POT CAFE CALLS IT QUITS

VANCOUVER - The owner of the Vancouver cafe that has been openly
selling pot for months said Friday the stakes in the ongoing game of
cat and mouse with police have become too high.

Carol Gwilt says the cafe on the trendy Commercial Drive will stop
selling marijuana.

"I'm directing my staff at the Da Kine Smoke Shop to stop selling
cannabis," Gwilt said in a statement read by lawyer Jason Gratl
outside the Vancouver provincial court.

Gwilt was arrested Thursday on a charge of breaching bail conditions.
She remains in custody until a bail hearing on Monday.

The cafe caught the attention of police after media reports of
over-the-counter sales of marijuana.

Police raided the shop on Sept. 9 and arrested Gwilt and seven
employees on charges of possessing marijuana for the purpose of
trafficking.

During the raid, officers seized $63,000 Cdn and $1,700 US, nine
kilograms of marijuana, some hashish and 300 cookies baked with hash
or marijuana, officials said.

At one 90-minute period during their surveillance, police said they
saw 230 customers.

They estimated the cafe was doing about $30,000 of business a day, a
figure denied by store operators.

Gwilt was also charged with possessing proceeds from a
crime.

After spending a night in jail, she and the others were released from
custody, pending a further appearance on Oct. 6.

The release was on the condition they stay away from marijuana or any
premises, automobile or person where marijuana is present.

At the time, provincial court Judge William Kitchen remarked it was
"silly" for them to remain in custody and added that marijuana-related
cases were "not the most dangerous offences."

However, Kitchen warned they could go to jail if caught
again.

Gwilt was back at Da Kine soon after her release.

At the time, she vowed her business would remain open and sell
marijuana to people who use it for medicinal purposes.

[Alfa]

BUSINESS STILL BRISK AT B.C. POT STORE

Police Raid Has Little Effect on Craving for Marijuana

In a city that has earned the nickname Vansterdam because of its
liberal views on marijuana, a shop openly selling renowned B.C. bud is
hardly big news.

But the Da Kine Food and Beverage Shop has been grabbing headlines for
a couple weeks now as dozens of people file through its storefront on
the city's Commercial Dr. and plunk down $10 a gram for marijuana or
pick up some pot-laced baked goods.

Even after police raided the shop last week and arrested eight staff
members, including owner and marijuana advocate Carol Gwilt, and
charged them with trafficking and possession for the purpose of
trafficking, it's been business as usual.

Customers, who have to prove they are at least 19, have been flocking
to the shop in such great numbers since police confiscated Da Kine's
stash and about $70,000 in cash that buyers this week were being
restricted to a maximum of two grams for $20.

Customers have to show a Health Canada exemption allowing them to
possess and consume small quantities of marijuana for medical reasons.
Those who can't can simply register inside the shop and sign a form
saying the pot is being used to alleviate some kind of symptom,
condition or disease. An estimated 10,000 people have done so.

But on the sidewalks of Commercial Dr., an eclectic mix of
weather-beaten convenience stores, Italian cafes, hip restaurants and
the occasional yoga studio just east of downtown, few of Da Kine's
customers were talking about their medical conditions. The smell of
newly purchased grass wafts in the air as people argue the shop is
simply focusing attention on antiquated marijuana laws that
politicians still have not changed.

There have been allegations the city approved the shop's operating
licence even though officials knew it was going to be selling
marijuana, charges that Mayor Larry Campbell rejects as ridiculous.

Although he told a Vancouver newspaper this week he believes Ottawa
should legalize pot sales, tax them and put the proceeds into health
care, he notes Da Kine's activities still break the law. He accused
Gwilt of "poking a stick at the police."

Other so-called compassion clubs and pot cafes operate in Vancouver
but none as blatantly. It's clear that when Gwilt, who was also
charged with possessing proceeds of crime, went to the media a couple
of we
eks ago to proudly proclaim that Da Kine had been openly selling
marijuana for four months, she provoked all levels of government.

In addition to Campbell's criticism, Prime Minister Paul Martin said
his government will soon introduce legislation decriminalizing small
amounts of marijuana. But the law would not make operations such as Da
Kine's legal.

Meanwhile, British Columbia Solicitor-General Rich Coleman condemned
the city's "ho-hum attitude" to the shop's operation just a day before
the raid. But he and police have denied that the raid was prompted by
his public criticisms.

Marijuana advocates like Gwilt vow to continue to defy the law until
they get it changed in their favour, arguing they are taking sales
from the back alleys into shops that can be monitored and taxed. Among
those who mill around Da Kine, where a sign in the front window
proclaims "Prohibition Supports Organized Crime," few need convincing.

"This is about a choice that people make, like consuming alcohol,"
says Jagua, 27, a student who declined to give his last name. "If you
make that choice and you act responsibly, then why shouldn't it be
treated like having a beer or a glass of wine?

"The whole thing is silly."

Jagua forgets what medical ailment he claimed on the form. His buddy,
Farzad, 26, a student who also declined to give his last name, says
with a smile that his purchase of $20 worth of marijuana from Da Kine
is part of the effort to combat the symptoms of his low attention span.

"I get twice as much studying done when I'm stoned."

But police say this is no laughing matter. There are reports that some
people who bought pot at the shop resold it to students at a high
school just a block from the store.

Although police raided the shop and continue to monitor its operations
closely, they say closing it down is a matter for the city. A council
meeting is set for next month into Da Kine's licence, which was issued
in May.

The police also dismiss suggestions that the Da Kine is a small-time
compassion club dispensing marijuana to those legally entitled to
possess it, and instead call it "a drug house and a very significant
operation." They note that when it was raided none of the more than
three dozen people inside had federal exemptions to be using pot.

Police, who say the shop averages $30,000 a day in sales, say they
hope the licence will be pulled by the city. Also, after confiscating
9.5 kilograms of marijuana and 450 grams of hashish in the raid, they
hope its supply will dwindle and it will go out of business.

But given the lines that stretched 20 people deep out front of Da Kine
this week, it appears that those hopes are destined to go up in smoke.

[Alfa]

DA KINE OWNER SAYS CAFE WILL END POT SALES

The owner of the Vancouver cafe that has been openly selling pot for months
said on Friday the stakes in the ongoing game of cat-and-mouse with police
have become too high.

Carol Gwilt says the cafe on Vancouver's Commercial Drive will stop selling
marijuana.

"I'm directing my staff at the Da Kine Smoke Shop to stop selling
cannabis," Gwilt said in a statement read by lawyer Jason Gratl outside
Vancouver provincial court.

Gwilt was arrested on Thursday on a charge of breaching bail conditions.
She will remain in custody until a bail hearing on Monday. She has vowed to
continue the fight in the courts.

The cafe caught the attention of police after media reports of
over-the-counter sales of marijuana.

Police raided the shop on Sept. 9 and arrested Gwilt and seven employees on
charges of possessing marijuana for the purpose of trafficking.

During the raid, officers seized $63,000, another $1,700 US, nine kilograms
of marijuana, some hashish and 300 cookies baked with hash or marijuana,
officials said.

Police said during one 90-minute period of surveillance, they saw 230
customers using the shop.

They estimated the cafe was doing about $30,000 of business a day -- a
figure denied by the store's operators.

Gwilt was also charged with possessing proceeds from a crime.

After spending a night in jail, she and the others were released from
custody, pending a further appearance on Oct. 6, on the condition they stay
away from marijuana or any premises, automobile or person where marijuana
is present.

At the time, provincial court Judge William Kitchen remarked it was "silly"
for them to remain in custody and added that marijuana-related cases were
"not the most dangerous offences."

However, Kitchen warned they could go to jail if caught again.

Gwilt was back at Da Kine soon after her release and vowed that her
business would remain open and continue selling marijuana to people who use
it for medicinal purposes.

[Alfa]

VANCOUVER SET TO LIFT LICENCE OF POT CAFE

Doors Remain Closed after Owner Arrested Second Time For Possession Of
Marijuana

The city's controversial pot cafe is closed.

With owner Carol Gwilt's re-arrest, for possessing more than a kilogram of
marijuana, the experiment she, Donald Briere, and others began by opening
the Da Kine Smoke and Beverage Shop has probably come to an end.

All that is left now is a Vancouver city council hearing on Oct. 6 to lift
Da Kine's business licence.

The shop remains locked, empty of the kilograms of pot that flew off its
shelves in recent months.

"I don't have instructions from the owner to open the store, and if I open
the door, there's not going to be any pot," Lorne McLeod, a loyal friend of
Briere, said Friday as he waited at Vancouver Provincial Court for Gwilt to
make a court appearance. "I'm not going to jail because I'm stupid."

Gwilt was arrested Thursday, after first being picked up when police busted
Da Kine on Sept. 9.

That raid, involving 40 officers, followed media reports of
over-the-counter sales. Gwilt and seven employees were charged with
possessing marijuana for the purpose of trafficking. She was also charged
with possessing proceeds from a crime.

Gwilt spent the night in jail, but was back at Da Kine soon after her
release, vowing to continue selling pot to people who use it for medicinal
purposes - against the advice of her lawyer, John Conroy, a longtime pot
activist.

[Alfa]

DA KINE OWNER TO REMAIN IN CUSTODY

Carol Gwilt, owner of a Vancouver cafe that openly sold pot across the
counter, will remain in jail until the courts have dealt with the charges
against her, a provincial court judge ruled yesterday.

Gwilt, 38, who owns the Da Kine Smoke and Beverage Shop on Commercial
Drive, was arrested last week for breaching bail conditions set by Judge
William Kitchen earlier this month. Gwilt was in court yesterday to find
out whether she would be granted bail again while awaiting her Oct. 6 court
date.

Gwilt is charged with possession of marijuana for trafficking purposes as
well as possession of the proceeds of crime following a police raid on her
shop Sept. 9. Police seized 20 pounds of pot, a pound of hashish and
$63,000 in cash during the raid.

After spending the night in jail, Gwilt was freed on bail with a condition
to stay away from marijuana until her court date.

But on Sept. 16, Vancouver police arrested Gwilt and charged her with
possessing one pound of pot and $5,000 cash. Michael Boudreau, who was in
the car with Gwilt, was also arrested.

The judge's reasons for not granting bail cannot be reported due to a
publication ban. Her lawyer, Jason Gratl, declined to comment on the decision.

Outside the courthouse, Boudreau said he was disappointed with the judge's
decision to keep Gwilt in jail for what could be months.

"There are 11,000 people on the Drive and in Greater Vancouver that will be
completely dismayed by this decision," he said. "Our hearts break today."

David Malmo-Levine, a longtime activist for the legalization of pot and an
"admirer" of Gwilt, was in court yesterday to hear the judge's ruling.

"Aren't there people that deserve a jail cell more than Carol? I think
there are," said Malmo-Levine, who claims he is a former drug dealer.

"It's a stupid law and you want to keep breaking it until it goes away."

Gwilt is to appear in court Sept. 29 to face the new possession charges.

[Alfa]

POT SHOP OUT OF BUSINESS

VANCOUVER - The controversial Da Kine Smoke and Beverage Shop has shut
down, surrendering its business licence -- a day before that licence
was to be reviewed at city hall.

The cafe -- which sold marijuana over the counter -- was raided by
Vancouver police last month. Police say the shop had revenues of
nearly $30,000 a day.

Owner Carol Gwilt has been in jail since Sept. 9 on a marijuana
trafficking charge. She appeared in court on Wednesday, along with
seven of her employees arrested in the raid.

She will remain in custody, at least until her next court appearance
on Oct. 20.

Da Kine had been operating for about four months when it was busted.
Gwilt had said the cafe limited sales to 28 grams for customers who
had to be at least 19 years old, but didn't require doctor's notes.

Marijuana activists, such as Marc Emery and David Malmo-Levine, say
the Da Kine represents a milestone in the fight to be able to legally
buy and sell pot in the city.

Malmo-Levine says closing the cafe isn't a sign of defeat, and that
the fight is far from over.

"It's dodge, parry, thrust in this activist business. You take a
stand, and you take your blows, and then you steady yourself, and you
build yourself up for the next time."

"And I'm sure it's not over for anyone who is associated with Da
Kine," he says.

Eileen Mosca, of the Grandview-Woodland Community Policing Centre, has
spoken out against the cafe -- arguing it was operating illegally and
opened without community consultation.

She says the Da Kine's significance has been blown out of proportion.
"Instead of an illegal business on Commercial Drive, it's been made,
by virtue of the internet and it's proponents, what Marc Emery called
the temple of cannabis culture."

[Alfa]

VANCOUVER POT CAFE OWNER RELEASED ON BAIL FOR SECOND TIME

VANCOUVER - The owner of a now-shuttered marijuana cafe was
released on bail again Monday after promising not to contact her
co-accused in the case.

Carol Gwilt had been in custody since Sept. 17 after allegedly
breaching her previous bail conditions not to be anywhere near the
presence of marijuana.

"Ms. Gwilt is grateful for being released from custody," defence
lawyer Jason Gratl said Monday after a hearing in provincial court.

"She will take her battle off the streets and into the
courts."

Gratl said Gwilt's previous bail conditions still apply but she did
not have to post a bond for her release.

Gwilt, owner of the Da Kine Smoke and Beverage Shop, and several of
her employees are charged with possession of pot for the purpose of
trafficking.

Police raided Da Kine in September after news stories about the
east-side cafe's open sales of marijuana and complaints from
neighbourhood residents.

Investigators seized nine kilograms of marijuana, some hashish and 300
hash-or pot-laced cookies, as well as $63,000 cash. Pot was allegedly
being sold to anyone who filled in a form saying it was for medicinal
use, with no requirement for a doctor's letter.

Gwilt denied a police contention Da Kine was doing $30,000 a day in
business.

The cafe was allowed to reopen without the pot but later closed and
Gwilt surrendered her business licence.

[Alfa]

FELGER VOWS TO OPEN POT CAFE IN ABBSTERDAM

Amsterdam started it and "Vansterdam's" carrying it on, but if one
Abbotsford pot activist has his way, "Abbsterdam" will soon be the
buzzword here for people wanting to buy over the counter marijuana.

Pro-marijuana campaigner Tim Felger is determined to take advantage of
the debate in Vancouver - the city dubbed as "Vansterdam" by local
media - after it came to light a cafe on Commercial Drive has been
openly selling marijuana.

Controversy has surrounded the Da Kine retail outlet since the issue
was highlighted last Monday.

However, Felger says it was his e-mail to media outlets that first
told them of Da Kine.

Felger told the Abbotsford News he wanted to highlight that this kind
of businesses can operate smoothly in a city without generating complaints.

And he says he knows of six similar businesses that will soon be
opening in and around Vancouver.

"It just means marijuana will be sold over the counter rather than
under the counter," he said. "It will totally annihilate the black
market," he said.

According to Felger, Abbotsford will be sucked into what he believes
will be an expanding trend - and he says he's the man to do it.
"Anyone who knows me knows I am going to open one in Abbotsford,"
Felger said.

"Whether they (the City of Vancouver) pulls Da Kine or not makes no
difference."

Asked whether, realistically, he believes a Da Kine-style store could
survive in Abbotsford, Felger was upbeat.

"Whatever happens, I think it would be a lot of free publicity. I will
be the one standing and they (the city) will be the ones with egg on
their faces," Felger said, adding that there are "five or six"
different business models that allow marijuana sellers to get around
licensing restrictions.

"What I am planning to do will make this the most explosive situation
in the world. I want there to be a media frenzy in
Abbotsford."

On Thursday night, Vancouver Police raided Da Kine and arrested eight
people. However, the business - which police believe does $30,000 of
business a day - was operating again within hours and remains open.

Last Wednesday, B.C. Solicitor General Rich Coleman criticized
Vancouver city officials for allowing the shop to stay open.

However, a number of people in the Commercial Drive area have said
they don't have a problem with Da Kine.

[Alfa]

POT CAFE COMING SOON: FELGER


Well-known Abbotsford marijuana activist Tim Felger says he has a business licence for a building on Essendene Avenue downtown Abbotsford. The City of Abbotsford says he doesn't.


But Felger says he'll have his political office/bookstore up and running no matter what.


"I have a business licence for a bookstore and political office . . .


I'll be doing business as Da Kine," Felger said, in reference to the notorious marijuana caf, in East Vancouver.


He says he has permission to franchise the store and use its name.


City of Abbotsford spokesman Jay Teichroeb said what Felger likely thinks is a business licence is probably a receipt he would have received for his licence application.


"If Tim wants to do it right and comply with all the bylaws and the parametres of the C-7 zoning, then he's welcome," Abbotsford Downtown Business Association president Bob Bos said. "If not, then the city won't let him."


Felger says he does intend to sell marijuana from the Abbotsford Da Kine, but after municipal elections.

[Alfa]

DA KINE DOORS OPEN ON SUNDAY, BUSINESS LICENCE OR NOT: FELGER


Despite his troubles in obtaining a business licence from the City of Abbotsford, marijuana activist Tim Felger says he'll open his downtown Da Kine store on Sunday from noon to 5 p.m.


That's when he plans to hold an open house, to show people his downtown digs. He also hopes to attract potential voters, get them registered and to inform people with data he feels they should have.


"I'm going to open on [Sunday] with an open house whether I have a business licence or not," Felger said. "I'm not selling anything yet . . . the first thing I'm going to do is get voters registered."


Felger, who is also hoping to get signatures on a petition in support of another well-known marijuana activist, Marc Emery, feels city officials have been giving him the runaround.


He applied for a business licence on July 5 and says he has done everything the city has asked, but after officials visited his Da Kine store on Essendene Avenue on Thursday morning, Felger said he now has to pay another $70 for a permit for the


Da Kine sign. He says he was also told to take down his window signs because of a bylaw that states windows can only have 25 per cent coverage.


"My product is my political message, so I'm really displaying my product,"


Felger said.


If and when he does open his business, Felger says he aims to run it as a bookstore and political office.


"This will be sort of a brand of retail activism," Felger said. "I'm going to model my store after Marc Emery's Marijuana Party bookstore."


Abbotsford city manager Gary Guthrie said last week there are outstanding issues with the business licence application "that Mr. Felger is aware of."

[BlueMystic]

MARIJUANA CAFE OWNER CONVICTED ON TRAFFICKING
Eastern Graphic, The (CN PI)
Wed, 24 May 2006

VANCOUVER - The woman who owned a marijuana cafe closed in a highly publicized police raid two years ago faces up to 10 years in prison after being convicted in a separate drug-trafficking case.

The Crown likely won't ask the B.C. Supreme Court judge to impose the maximum sentence on Carol Gwilt, her lawyer Jason Gratl said Wednesday.

But Gratl would not say what sentence he will recommend when the case goes back to court July 6. However, he noted Gwilt had no previous criminal record.

A spokeswoman for the federal Justice Department, which handles all drug-trafficking prosecutions, said officials will not discuss their sentence recommendation before submitting it to the court.

A jury convicted Gwilt on Tuesday of possession of marijuana for the purpose of trafficking and of possession of the proceeds of crime.

Her co-accused, Michael Boudreau, was acquitted on a single trafficking count.

Gwilt and Boudreau were arrested Sept. 16, 2004, when police stopped a car she was driving and found a quantity of pot and $11,000 in cash.

The arrest took place while Gwilt was out on bail a week after police raided her Da Kine Smoke and Beverage Shop, a controversial east-side marijuana cafe.

In that raid, spurred by media publicity and complaints from neighbourhood residents, investigators seized nine kilograms of pot, some hashish, and cookies laced with both drugs, as well as $63,000 cash.

The pot was allegedly being sold to anyone who filled in a form saying it was for medicinal use with no requirement for a doctor's letter.

Gwilt denied a police contention Da Kine was doing $30,000 a day in business.

The cafe on trendy Commercial Drive was allowed to reopen without the pot but later closed and Gwilt surrendered her business licence. It's now a 1950s-style diner, said Gratl.

Gwilt told her trial the money seized from her car was donations to her defence fund and the pot had been slated for sale at the De Kine cafe.

"She's disappointed that the jury didn't believe her about the source of the funds that were seized from the vehicle," said Gratl. "But she is gratified that the jury did believe her that her co-accused didn't know the contents of the bag that he was carrying."

The case connected to the raid has not yet been scheduled for trial, said Gratl. The later charges went ahead first because it was a simpler case, he said.

[Powder_Reality]

Pot Campaigner Pleads Guilty To Charges
by John Pigeon, 24 Hours , (07 Jul 2006) Vancouver 24hours British Columbia
Former Da Kine Cafe owner Carol Gwilt surprised a Vancouver courtroom yesterday when her lawyer entered a guilty plea on her behalf during a B.C. Supreme Court sentencing hearing for separate, unrelated charges.

Gwilt pleaded guilty to one charge of trafficking marijuana and one charge of possession of the proceeds of crime.

"I'm facing certain jail time with the charges that I have been convicted on," Gwilt said.

"I believe full heartedly that I've been convicted on laws that are unjust."

According to Gwilt, yesterday's guilty pleas will shorten what has already been a lengthy and painful process.

"I had to get it over with the justice system in Canada they have quite a bit of money to draw from and they are willing to prosecute me to the fullest extent of the law," Gwilt said.

The charges stemmed from an arrest on Sept. 16, 2004 when police found $11,000 cash and 400 grams of marijuana on Gwilt while she was driving in her car with co-defendant, Michael Boudreau.

She will be sentenced for all offences in September.