The three-day trial to deal with trafficking charges against Michelle and Doug Sikora was paused on day two, when a voir dire was called to address outstanding issues that have yet to be heard in court.
A voir dire is a separate hearing held during a trial to determine an issue apart from the trial on matters of procedure or admissibility of evidence.
Michelle Sikora said the voir dire called during the trial on April 5 was related to the couple not receiving a notice of hearing back in February 2016 when Sunshine Coast RCMP applied for an extension to continue holding property seized in the raid of the Sikoras’ home.
“Not ever in Canadian history has this ever happened before,” Michelle, who is representing herself in court, said.
“There is no case where either the Crown or the defendant has not been given a notice of hearing because it’s Law 101.”
She said the voir dire would also deal with the Sikoras’ complaints about charter infringements by RCMP, including how they were treated while the raid took place.
The Sikoras’ home in Selma Park was raided by RCMP on Nov. 28, 2015, after an undercover officer purchased candies and tea bags containing marijuana from the couple’s home-based medicinal marijuana dispensary – S&M Sweet Shoppe – without a prescription.
Michelle was charged with three counts of trafficking and Doug with four counts. Three days were scheduled for the trial at the Sechelt Court House – April 4, 5 and 6. The voir dire has been scheduled to continue on April 18.
Michelle said she believes the issues to be addressed in the voir dire will impact the validity of the trafficking charges, as will the federal marijuana legalization legislation that was expected to be introduced on Thursday. “The judge holds all judicial power and can dismiss all the charges,” she said.
Federal Crown counsel Heather Magnin confirmed the voir dire will continue on April 18 but would not talk about the Sikoras’ trial or possible penalties that could be faced by them “because the trial is ongoing.”
Meanwhile, the Sikoras have opened a storefront medicinal marijuana dispensary in Gibsons, where Michelle says they’ve “been welcomed with open arms” under the S&M Sweet Shoppe banner.
She noted she and Doug were unable to get a business licence to open a storefront in Sechelt, which is why they previously ran S&M Sweet Shoppe out of their home.
