Pubdate: Fri, 10 Jan 2003
Source: Victoria Times-Colonist (CN BC)
Copyright: 2003 Times Colonist
Contact:  http://www.canada.com/victoria/timescolonist/
Details: http://www.mapinc.org/media/481
Author: Shannon Kari, Southam Newspapers

COURT DEALS NEW BLOW TO OTTAWA'S POT RULES

TORONTO -- The federal government's marijuana medical access regulations 
were declared unconstitutional Thursday because they force sick people to 
rely on "drug dealers" to supply their medicine.

Ontario Superior Court Justice Sidney Lederman was asked to determine the 
constitutionality of the regulations after seven chronically ill people and 
the founder of a Toronto-based compassion club launched a challenge last 
year arguing that the 18-month-old regulations were so cumbersome it was 
virtually impossible for people with medical exemptions to obtain the drug.

Lederman said the federal government must find a way to "provide for a 
legal source and supply" of marijuana for medical purposes.

Lederman's ruling is yet another legal blow to the federal government's 
marijuana policies. Last week, a lower court judge in Windsor, Ont., found 
there was no law banning possession of small amounts of marijuana because 
the federal government failed to enact new legislation as ordered by the 
Ontario Court of Appeal in July 2000. The Justice Department is appealing 
that ruling.

Lederman suspended his decision from taking effect for six months to give 
the government time "to fix the MMAR."

The veteran Superior Court judge said the federal government has the right 
to enact regulations to govern the distribution and use of marijuana for 
medical purposes, even if some of the rules appear unfair. "The principles 
of fundamental justice do not hold Parliament or the government to a 
standard of perfection," Lederman wrote in his 38-page decision.

But he suggested the current regulations fall far short of perfection and 
referred to the "absurdity" of the current scheme.

"There is simply no way for individuals to obtain marijuana seeds in Canada 
under existing laws, given the (health) minister's inaction under s. 51 of 
the MMAR. As a result, the regulatory system set in place by the MMAR to 
allow people with a demonstrated medical need to obtain marijuana simply 
cannot work without relying on criminal conduct and lax law enforcement," 
Lederman wrote.

"Laws which put seriously ill, vulnerable people in a position where they 
have to deal with the criminal underworld to obtain medicine they have been 
authorized to take, violate the constitutional right to security of the 
person . . . it does not lie in the government's mouth to ask people to 
consort with criminals to access their constitutional rights," the judge added.

Legal arguments in the Ontario case concluded nearly three months ago. But 
the Justice Department said Thursday that it was not prepared to comment on 
the ruling.

"Counsel are carefully considering the reasons in the decision and will 
advise the minister accordingly on the next step to take," said Dorette 
Pollard, a spokeswoman for the Justice Department.
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MAP posted-by: Jay Bergstrom