Canadian Patients Can Apply
For Medical Use Of Marijuana, But There's Still No Legal Source.
-- "It’s unfair. It’s just patently unfair," Says Superior Court
Justice.
"I’m sick. I’m scared. I need help not harassment." Says AIDS Patient
(Marijuananews note: This is classic half
measure. In the DEAland context such a move by the Federal government would be viewed as
real progress. All Canadian drug laws are national, although enforcement policies vary
greatly from one area to another. Now, in practical terms, the Canadian patients are in
much the same situation as those in Western DEAland. However, in the Canadian context,
it is a cruel joke on the patients. Inasmuch as they would have overwhelming public
support and the police chiefs have indicated their support for decrim for non-medical
users, and have said that they would accept whatever the Health Ministry decided on
medical marijuana, this is a spectacular failure of nerve and conscience.
The fact that a Justice would openly declare this to be
"unfair" is an exceptional rebuke to the Health Minister.)
See
Canadian Police
Chiefs To Support "Decriminalization" Of Marijuana.
"Government will give serious consideration to recommendation." -- 2 Stories
and
The Mounties
Get Their Medical Marijuana;
Now The Sick And Dying Have To Go To The Streets
Until The Canadian Government Gets Its Act Together -- A Great Editorial and 2 Articles
May 7, 1999
From The Toronto Star
lettertoed@thestar.com
http://www.thestar.com/
By Barbara Turnbull and Tracey Tyler, Staff reporters
SICK CAN APPLY FOR MEDICAL USE OF MARIJUANA
But Judge Calls New Federal Guidelines Unfair
For the first time in Canada, the federal government has set up a process for sick and
terminally ill people to apply for the right to use marijuana without fear of being
prosecuted.
But the guidelines, unveiled yesterday, are already being called seriously flawed
because those who sell pot to sick people can still be charged as illegal traffickers.
"It’s unfair. It’s just patently unfair," Mr. Justice Harry LaForme
said yesterday after a senior government official presented the new guidelines in
Ontario’s Superior Court.
LaForme summoned federal officials to his court to explain what Ottawa has been doing
in response to a request by Toronto AIDS patient Jim Wakeford to be granted an exemption
from prosecution for drug possession.
The Toronto judge ruled last summer that Wakeford’s constitutional rights were
violated because the Controlled Drug and Substances Act prohibits him from using marijuana
to alleviate AIDS-related nausea and pain.
But since the act provided for exemptions, LaForme said Wakeford should apply for one
from the government instead of the court ordering Ottawa to provide one.
Wakeford, 54, wrote to Rock last September. But federal justice department lawyers
admitted yesterday no formal application and review process existed until the drafting of
the guidelines produced yesterday.
Carole Bouchard, associate director of the federal drug surveillance bureau, testified
yesterday she still can’t say when the government will rule on Wakeford’s
application—or that of 19 other Canadians who have made similar requests.
"One gets the impression," LaForme remarked, that Ottawa has reached even
this point "kicking and screaming."
See
78 Percent Of
Canadians Favor Medical Marijuana – What Is Rock Waiting On? DEAland?
As part of the application process, Ottawa has now asked
Wakeford to name his marijuana supplier.
Federal justice department lawyer Chris Amerasinghe said that doesn’t mean
Wakeford would be forced to expose a trafficker.
"There are other sources," he said.
"What are they?" asked the judge.
"He can grow it," Amerasinghe said.
See
Canadian
Government Says Man With AIDS Doesn’t Need Medical Marijuana;
Judge Promises Ruling Soon - 2 Articles
But Wakeford’s lawyer, Alan Young, asked LaForme to find the application process
meaningless and grant his client an interim exemption from prosecution so he
"doesn’t have to fear being treated like a common criminal."
"I can’t believe the cruelty of this government,"
Wakeford said after the hearing. "I’m sick. I’m scared. I need help not
harassment."
See
Plight Of Canadian
AIDS Patient and Medical Marijuana Activist Wakeford
Reinforces Call By 17 DEAland AIDS Groups For Immediate Access To Cannabis
and
Canadian Health
Minister Owes Medical Marijuana Activist Wakeford "An Apology
And Canadians An Explanation"
(Marijuananews note: Now more than ever!)
See
Secret
Canadian Health Ministry Memo Shows Influence of Prohibitionist Ideologues:
"The use of marijuana for medicinal purposes could
send the wrong message to Canadian teenagers"
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Supported