By Chip Martin
London Free Press
Marc Emery won his latest court fight against Sunday opening charges on Monday without ever opening his mouth. The London retailer said that disapointed him somewhat.
A provincial judge ruled the prosecution failed to prove in evidence that Emery, 30, was the owner of City Lights Bookstore on Dec. 14 and 21, 1986.
The charge under Ontario's Retail Business Holidays Act said Emery "carried on" business on those days - both Sundays - in contravention of the act. He pleaded not guilty.
The outspoken operator of the store at 356 Richmond St. came to court, without a lawyer, prepared to fight the counts and marshalled his arguments in a neat file folder.
He didn't get a chance to speak. "I was going to condemn the law," he said later. Judge Douglas Walker said he didn't need to hear from Emery because the crown had failed to show Emery was connected to the business.
He said police witnesses had failed to prove Emery was in charge of the business or that he owned it. Evidence was that books were being sold the first day and given away free the second day.
Emery, sporting a button with the message "I love Sunday shopping," smiled broadly when Walker dismissed the charges. The button was created by the Freedom party, which seeks to reduce government control in society. Emery ran for the party in the last provincial election.
Later, he said he had planned to note that the Ontario legislature amended its Sunday opening law several months after he was charged to permit booksellers to operate on Sundays.
Emery said he now operates every Sunday and still hasn't any plans to pay a $500 fine imposed on him in February for being open one Sunday last July. At that time he vowed he'd go to jail rather than pay the fine.
The deadline for paying the fine is next Monday.
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last updated on April 28, 2002
