The city’s not done fighting for its amendments to its business license bylaw that would limit the sales of drug-related paraphernalia in St. Albert.
On Oct. 30 an outside firm hired by the city appeared in the Court of Appeal in Edmonton to have the Dec. 21, 2012 judgment overturning the bylaw scrapped.
The Dec. 21 judgment issued by Justice T.D. Clackson of the Court of Queen’s Bench ruled that the city had overstepped its jurisdiction in passing an amendment to the business license bylaw which restricted stores from selling certain items, which was aimed at head shops like The Chad Smoke Shop 420. Ron Smith, an employee of that particular chain, challenged the bylaw at trial.
“This appeal was on the trial judge’s decision which really just dealt with the jurisdictional stuff,” said city solicitor Gene Klenke. Klenke did not argue the case on behalf of the city, which retained a law firm specializing in constitutional and jurisdictional arguments. However, Klenke attended the appeal to observe.
Clackson ruled strictly on jurisdictional issues and didn’t address constitutional arguments brought forth by counsel for Chad Smoke Shop 420, Klenke said.
If the city’s appeal is successful, the case could be sent back down to the Court of Queen’s Bench to address the constitutional issues brought forth during trial.
If the city’s appeal isn’t successful, “it pretty much ends the issue altogether,” Klenke said.
When the Court of Appeal’s decision will be rendered is not yet known.
Klenke said the decision could come “anytime within the next year.”
Klenke did say the lawyer for Chad Smoke Shop did present an argument on Oct. 30, however, Aleksandra Simic of Moustarah & Company did not return a request for comment before deadline.
A panel of three justices normally hears appeal arguments. Justices J.A. Cote, .J. Veldhuis and J. Sulyma were scheduled to hear this case according to the hearing list available on the Alberta courts website.
