Pubdate: Mon, 2 Nov 2009 Source: Montreal Gazette (CN QU) Copyright: 2009 Canwest Publishing Inc. Contact: http://www.canada.com/montrealgazette/letters.html Website: http://www.montrealgazette.com/ Details: http://www.mapinc.org/media/274 Author: Jordana Huber, Canwest News Service Bookmark: http://www.mapinc.org/mmjcn.htm (Marijuana - Medicinal - Canada) Bookmark: http://www.mapinc.org/people/Steve+Gibson FEDS TO ASK COURT TO THROW OUT MARIJUANA CASE Ontario Restaurant Owner Says No to Medicinal Pot Outside His Joint Federal government lawyers are to ask a judge today to throw out the case of an Ontario restaurant owner who wants one of his former customers stripped of his right to smoke medical marijuana. This is the latest manoeuvre in the legal battle between Ted Kindos, owner of Gator Ted's Tap and Grill, in Burlington, and ex-patron Steve Gibson. The restaurant owner is facing a human rights complaint for asking Gibson not to light up a joint outside his business. Kindos is looking for the Federal Court to declare that people with a permit to smoke medicinal marijuana cannot do so in a public place or any licensed establishment. He also wants the court to order Health Canada not to renew his former patron's permit, arguing Gibson has not complied with its terms of use. Gibson contends in his human rights complaint that he's being discriminated against because he has a disability. Kindos argues he could lose his liquor licence if he allows Gibson to smoke or hold the controlled substance inside or in front of his restaurant. In court documents, federal government lawyers said they are seeking to dismiss the case, arguing there is no dispute that requires adjudication because Health Canada does not purport to authorize permit holders to smoke marijuana in violation of any applicable law or in an establishment subject to Ontario's liquor laws. The regulations are "completely silent" on when and where Gibson is authorized to use marijuana for medical reasons, and there is no evidence he disregarded the terms of his permit in any way, according to the documents. In addition, they argue Kindos lacks the standing to challenge Gibson's permit renewal and that the regulations do not authorize Health Canada to refuse renewal of a permit on the basis an applicant has "flagrantly disregarded its terms." But Kindos's lawyer, Gary Graham, argued in court documents that the medical marijuana regulations do allow Health Canada to refuse to renew a permit if any information, statement or other item in the renewal application is false or misleading. He said compliance with the regulations also includes following an information document issued to permit holders advising that controlled substances should not be consumed in public places or in contravention of other federal or provincial laws. "Gibson clearly was not in compliance" with the terms of his permit because he was using marijuana at the restaurant contrary to provincial law that prohibits controlled substances where alcohol is served, according to Graham's court submissions. - --- MAP posted-by: Richard Lake