Pubdate: Thu, 05 Nov 2009
Source: Monday Magazine (CN BC)
Copyright: 2009 Monday Publications
Contact: http://mondaymag.com/contact/
Website: http://www.mondaymag.com
Details: http://www.mapinc.org/media/1150
Author: Kirk Tousaw
Cited: Vancouver Island Compassion Society http://www.thevics.com/

THE POT AND THE KETTLE

Re: Letters, Oct. 29-Nov. 4

I'm proud to say that I've known and worked with Philippe Lucas for
years, fighting to bring compassion and justice to Canada's medical
cannabis system. I represented Mr. Beren in the constitutional
challenge and, after reading Ted Smith's attacks against Philippe felt
the need to set the record straight.

The VICS membership model and procedures were the subject of,
literally, days of cross-examination in the Beren case. Pressed by the
Crown, Mr. Lucas spent hours outlining, in excruciating detail, the
lengths to which the VICS went to ensure that all of its members had
legitimate, physician-supported medical need. Perhaps Mr. Smith thinks
this is conservative; he's entitled to his opinion. I call it prudent.
And when the dust settled, I think we convinced the court that the
VICS and Mr. Beren's motives were pure. That matters.

And the Beren case, contrary to Mr. Smith's suggestion, did set a
precedent. It struck the government's arbitrary limit on the number of
patients and caregivers that could band together to have community
gardens (the limit had been three), taking advantage of the economies
of scale and thus lowering the cost of medicine to those who need it.
It was not a complete victory-litigation rarely is-but the case is
currently before the Supreme Court on cross-applications for leave and
it may be that more gains can be made for Canada's critically and
chronically ill.

What won't help them, however, are petty and malicious letters that
unjustly smear decent, honest and deeply committed social activists
like Mr. Lucas.

Kirk Tousaw,

Mill Bay 
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MAP posted-by: Jo-D