Pubdate: Tue, 01 Aug 2000 Source: Winnipeg Sun (CN MB) Copyright: 2000 Canoe Limited Partnership Contact: http://www.canoe.ca/WinnipegSun/home.html Author: Canadian Press COURT RULES POT BAN UNCLEAR Feds get year to fix unconstitutional law or it will be struck down TORONTO -- Ontario's highest court has declared the law prohibiting the possession of marijuana unconstitutional and has given Ottawa a year to amend it. The Ontario Court of Appeal ruled yesterday that Canada's marijuana law fails to recognize that people who suffer from chronic illnesses can use pot as medicine. As a result, the court ruled that if Ottawa does not clarify the law within 12 months the law prohibiting marijuana possession in Ontario will be struck down, which could eventually lead to similar challenges across the country. In the meantime however, possession of marijuana in Canada is still illegal, and the law remains in full force and effect. The ruling was part of a decision which upheld a lower court judge's decision that has allowed an epileptic Toronto man to smoke pot for the past three years. Terry Parker, 44, said marijuana has virtually eliminated the 15 to 80 weekly seizures he suffered for about 40 years as a symptom of his illness. "The decision will open doors across the country for sick Canadians who need pot to help alleviate symptoms such as nausea and vomiting," said Parker's lawyer, Aaron Harnett. Under Canada's Controlled Drugs and Substances Act, it is illegal to possess and cultivate marijuana. People who need it for medicinal purposes can apply for exemptions. UNNECESSARY CHARGES The court is asking that the exemption be written into the law, to prevent unnecessary charges against sick people, like Parker, said Harnett. Parker hasn't had a seizure since December 1997, when a judge stayed charges of marijuana cultivation and possession against him, ruling that Canada's marijuana law violated Parker's rights to liberty and security, and was therefore unconstitutional. "I am quite ecstatic, I'm grateful and I'm glad to see the court recognize marijuana as a medical application," he said outside the court yesterday. Although demands placed on the federal government refer only to medicinal use of marijuana, all Ontarians could be allowed to smoke pot in 12 months if nothing is done, said Alan Young, an Osgoode Hall law professor. "The whole (marijuana) law is tainted by the failure of Parliament to have meaningful process whereby people can use the illicit substance as medicine." The Ontario Court of Appeal ruled yesterday that Canada's marijuana law fails to recognize that people who suffer from chronic illnesses can use pot as medicine. As a result, the court ruled that if Ottawa does not clarify the law within 12 months the law prohibiting marijuana possession in Ontario will be struck down, which could eventually lead to similar challenges across the country. In the meantime however, possession of marijuana in Canada is still illegal, and the law remains in full force and effect. The ruling was part of a decision which upheld a lower court judge's decision that has allowed an epileptic Toronto man to smoke pot for the past three years. Terry Parker, 44, said marijuana has virtually eliminated the 15 to 80 weekly seizures he suffered for about 40 years as a symptom of his illness. "The decision will open doors across the country for sick Canadians who need pot to help alleviate symptoms such as nausea and vomiting," said Parker's lawyer, Aaron Harnett. Under Canada's Controlled Drugs and Substances Act, it is illegal to possess and cultivate marijuana. People who need it for medicinal purposes can apply for exemptions. - --- MAP posted-by: Don Beck