Pubdate: Mon, 01 Jun 2009
Source: National Post (Canada)
Copyright: 2009 Canwest Publishing Inc.
Contact:  http://www.nationalpost.com/
Details: http://www.mapinc.org/media/286
Author: Shannon Kari
Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

COURT CHALLENGE AIMS TO LEGALIZE ALL CANNABIS USE

Advocates Say Previous Rule A 'Mockery'

Medical marijuana advocates are planning a court challenge aimed at 
legalizing all cannabis use, in response to the latest restrictions 
announced by Health Canada.

The federal government announced last week that it would allow 
designated producers to grow marijuana for as many as two medical 
users, instead of a maximum of one, permitted under the old regulations.

The previous rules were ruled unconstitutional by a Federal Court of 
Canada judge in January, 2008, because they did not provide for a 
sufficient legal supply of cannabis for medical users without having 
to use the black market.

Health Canada appealed unsuccessfully to the Federal Court of Appeal 
and Supreme Court, which refused in April to hear the case.

It was the eighth time in the past decade that Health Canada has lost 
in court trying to uphold its medical marijuana policies and 
regulations, each time over restrictions on supply.

The federal government's decision to allow producers to grow for no 
more than two users is a "mockery" of the courts, said lawyer Ron 
Marzel, who was part of the successful Federal Court challenge to the 
previous regulations.

The most recent restrictions for medical producers that were struck 
down were virtually identical to ones that were found to be 
previously unconstitutional by the Ontario Court of Appeal. The rules 
"create an alliance between the government and the black market," to 
supply "the necessary product" wrote the appeal court in October, 2003.

One option for medical users is to go back to the Federal Court to 
ask it to find that the two-to-one ratio is also invalid.

However, the response from Health Canada would likely be to start 
another round of appeals in court, observed Mr. Marzel.

"It is time for the vicious cycle to end. It means we have to take it 
to the next level, to show the government it cannot thumb its nose at 
our courts," said Mr. Marzel.

The lawyer explained that he is organizing a court challenge this 
summer on behalf of a number of people in Ontario facing marijuana 
trafficking charges, and has asked that all charges be dismissed.

If he is successful, it would effectively mean that there is no 
prohibition on possessing or producing marijuana, for medical or 
recreational use.

"This is the only way. The courts have repeatedly given the 
government time to come up with a workable solution. They didn't do 
it. Health Canada has brought this upon itself," suggested Mr. Marzel.

For several months in Ontario in 2003 there was no valid prohibition 
against simple possession of marijuana, as a result of a Superior 
Court decision related to the flaws in the medical marijuana regulations.

Similar arguments will be made by Mr. Marzel in asking a court to 
strike down all prohibitions, unless Health Canada enacts regulations 
that allow for a legitimate supply for medical users.
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MAP posted-by: Jay Bergstrom