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| Charter Allows Use of Pot, Civil Suit Says |
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Posted by CN Staff on May 25, 2002 at 07:32:39 PT By Vernon Clement Jones Source: Globe and Mail 
A group of medical-marijuana users is preparing to take the federal government to court, charging that marijuana regulations deprive them of the drug and their constitutional rights.At a Queen's Park news conference yesterday, the eight applicants said the civil suit is to be filed in federal court on Tuesday. The suit argues that the federal government's marijuana regulations are fundamentally unconstitutional, depriving the applicants of "life and liberty," guaranteed under Section 7 of the Charter of Rights and Freedoms. Regulations make it nearly impossible for the seriously ill to obtain medical marijuana through legal means, the applicants charge. But the court action could be cancelled if Health Canada agrees to release the estimated 150 kilograms of marijuana it has cultivated in an underground laboratory in Manitoba. The group's lawyer, Osgoode Hall Prof. Alan Young, said the crop should go to the approximately 1,000 chronically ill Canadians eligible to use the drug legally. "There are 200 kilograms of medical marijuana sitting in storage," Prof. Young said. "Most of that will probably be incinerated." That's a shame, he added, given the marijuana's relative purity and, hence, its potency. But the federal government did not intend the crop to be distributed, said Health Canada spokesman Andrew Swift. It is earmarked for research in clinical studies in Montreal and Toronto, he said. The eight applicants also call for Canada to change its new marijuana medical-access regulations to ensure more seriously ill people are exempted from prosecution for using the drug. Three of the eight are without that exemption, although as many as seven suffer from chronic diseases such as multiple sclerosis and hepatitis C. The regulations, introduced last July, allow only doctors to extend that immunity, and only when a patient is sufficiently ill to warrant use of the drug. Prof. Young said the regulations are "a hoax" perpetrated on the seriously ill, most of whom use marijuana as a painkiller. As well, the drug is used by many AIDS patients to restore appetite. "Before marijuana, my condition meant constant nausea and partial paralysis," applicant Catherine Devries said. Ms. Devries said the nerve-degenerative disease arachnoiditis keeps her virtually confined to her Western Ontario home. Smoking marijuana has restored her appetite and increased her mobility, she said. But insurance companies and some provincial medical associations direct doctors not to provide patients such as Ms. Devries with exemptions, Prof. Young said, because of concerns with liability issues and inconsistencies in dos- ages. Health Canada shares the medical associations' concerns, Mr. Swift said. Marijuana's medicinal properties remain largely anecdotal, he added. "Marijuana is not an approved medical product, as yet. The research being conducted in Canada now will provide more science-based evidence." Source: Globe and Mail (Canada) Related Articles & Web Sites: Canadian Links The Marijuana Mission Suit Aims to Force Ottawa To Supply Medical Pot Kitchener Woman Plans Pot Suit Ailing Canadians to Sue for Promised Pot Analysis: Canada Seeks Standardized Hash Home Comment Email Register Recent Comments Help |
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| Comment #3 posted by FoM on May 25, 2002 at 08:46:14 PT |
| Thanks so much herbman for your update. I want to say that I never knew anyone in or from Canada before I got on line. I've watched you all over many years it seems and the people remind me of the people we were in many respects back in the 70s in the States. I've tried to figure out where we went wrong to get where we are today. I think I'm figuring it out but I could be wrong but this is my observation.
You decided to live and let live in Canada because that was the moral way of making laws. We went from that attitude starting to develop to a country in pursuit of the almighty dollar. [ Post Comment ] |
| Comment #2 posted by The GCW on May 25, 2002 at 08:21:22 PT |
| Your news is valuable and your fight is blessed! The word is the sword of the HOly Spirit of Truth. [ Post Comment ] |
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Comment #1 posted by hempcanadian on May 25, 2002 at 08:15:16 PT:
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| Hey Fom and everybody
I promised to keep you updated on this affair!! It was a good turn out of press and supporters to cheer us on as 7 medicinal users and 1 caregiver went public with our lawsuit against the Canadian Government for failing to provide us with access to our much needed medicine. Professor Alan Young is one of the great orators of our time and did a splendid job as usual. Three medical users also got to speak however I got bumped because I was a nice guy and let another go instead-damn I'm a nice guy. I had a great speech all ready to go too! Ah well next time. I'm just happy to be a part of this Government ass kicking team! I think we made our points quite clear! 1) The exemption process was ludicrous and unworkable 2)We risk life and limb to obtain medicine off the street because we are too sick to grow it 3)The government cant say it's ok to use pot but have no clear pathway for supply Court day is tentatively set for July 9th 2002 Should be a cat scratching dog fight! Glorious indeed if we get the results we expect! Stay tuned for more updates as we go along. I'll be back to keep you all posted! regards herbman [ Post Comment ] |
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