Pubdate: Tue, 22 Jun 2004
Source: Regina Leader-Post (CN SN)
Copyright: 2004 The Leader-Post Ltd.
Contact:  http://www.canada.com/regina/leaderpost/
Details: http://www.mapinc.org/media/361
Author: Shannon Kari, CanWest News Service
Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada)

CROWN DROPS CHARGES

TORONTO -- The federal Department of Justice has dropped all
trafficking-related charges against another marijuana compassion club
in Toronto, because it was not in the "public interest" to continue
the prosecution.

Three members of the "Section 56" compassion club faced charges,
including possession of marijuana for the purpose of trafficking and
possession of proceeds of crime. The defendants were charged last year
after police seized more than eight kilograms of marijuana from the
club.

One of the three defendants, Bruce Ryan, had asked the court to hear a
motion that the existing Marijuana Medical Access Regulations were
unconstitutional.

Instead of arguing the motion, a federal Justice Department prosecutor
told a provincial court judge on June 9 that the charges were being
withdrawn, without providing reasons. There was a similar lack of
explanation in January when trafficking charges were withdrawn against
members of the Toronto Compassion Centre, which had fought a
successful court battle against the federal government's medical
marijuana regulations.

Medical marijuana advocates say that despite a number of legal
victories, police are still laying charges and the federal government
is not complying with court orders to improve supply to sick people.

Last October, the Ontario Court of Appeal ruled that it was legal to
prohibit possession of marijuana, but it was unconstitutional to
require medical users to go on the black market for their drug. The
court ordered the federal government to allow at least three
designated producers to be able to combine their growing efforts, to
be able to be compensated and to grow for more than one registered
user.

"Health Canada has refused to comply," stated Ryan. He said that
Health Canada has not responded to an application he made last October
to set up a compassion club to provide marijuana to 12 chronically ill
people. "Not a phone call, not a letter," said Ryan.

Health Canada brought in new measures last December permitting
designated producers to be compensated, but said they could not grow
marijuana for more than one registered user.

Catherine Saunders, a Health Canada spokeswoman, said Monday that the
federal government has no intention of complying with the court's
direction to increase the legal supply of medical marijuana by
allowing registered producers to grow for more than one person.

"We have to minimize the risk of diversion and follow our
international (drug) treaty obligations," said Saunders.

"It is all politics," said Paul Lewin, a lawyer who represented one of
the three Section 56 defendants. "It is not what is good for
chronically ill people. It is how this will play in the election."

The number of people registered to possess marijuana for medical use
has increased slightly, to 763 this month from 706 in December 2003
when the new regulations were introduced, according to Health Canada.
The number of registered producers is up to 563 from 533 in the same
time period.

Justice Department spokesman Patrick Charette said Monday that some
compassion club charges in Ontario have been withdrawn because the
allegations related to a period when there was no marijuana possession
law in Ontario. The Court of Appeal found that there was no ban on
possession between July 2001 and October 2003 because the government
failed to comply with an earlier court ruling.

Marijuana compassion clubs may still be prosecuted in the future, said
Charette. "It is up to the prosecutor. But there is a valid law and we
will enforce it."
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MAP posted-by: Larry Seguin