Pubdate: Fri, 11 Jan 2013
Source: Kamloops Daily News (CN BC)
Copyright: 2013 Kamloops Daily News
Contact:  http://www.kamloopsnews.ca/
Details: http://www.mapinc.org/media/679
Author: Mike Youds

FAMILY FILES HUMAN RIGHTS COMPLAINT

The Ministry of Children and Family Development has a month to respond
to a complaint filed by a Kamloops family threatened with the
apprehension of their children over a medical marijuana grow-op.

Brad Olson and Angela Ferguson believe they were the victims of a
bogus tip when police and social workers arrived on their doorstep in
November.

Police determined that the 34 cannabis plants Olson was growing were
compliant with his medical marijuana licence. Olson suffers from a
work-related spinal cord injury and uses leaf-extract to manage his
pain.

Ministry social workers, however, threatened to immediately apprehend
the couple's three children. They relented only on condition that the
couple have the home inspected, which proved costly and revealed no
deficiencies.

The couple went public last month with their intention to pursue a
complaint with the B.C. Human Rights Tribunal over the matter.

"It's something that's going to become more prevalent," Ferguson said.
"Health Canada has given us the legal right and that proves (the
ministry's) obtuse position."

The tribunal felt the couple's complaint is so unique that it
expedited the file and promptly served notice to the ministry, she
said.

The Ministry of Children and Family Development can ask to have the
matter mediated or brought before a full hearing of the tribunal.

While not commenting on the case specifically, the ministry maintained
that its social workers acted in the best interest of the children. A
general policy statement indicated that the ministry does not
distinguish between legal and illegal grow-ops.

The City, meanwhile, has postponed a public hearing on medical
grow-ops until spring. The decision to delay the hearing was made in
response to Ottawa's decision to review its medical marijuana access
program. City staff will update council on Tuesday about the federal
plans.

But any changes in the Health Canada program will take years to
implement, Ferguson believes. She regrets the hearing delay.

"We would like the opportunity to give input to the municipality on a
policy that makes more sense," she said.

Health Canada plans to revert to contractors only rather than issuing
medical marijuana licences, which has been the practice for the past
dozen years. That could make the product unaffordable to many
licensees who have limited incomes due to serious health problems.
Ferguson expects many will feel compelled to violate the law.

The comment period for proposed changes closes Feb.
23.

"It will take years to review the policy and there will be legal
challenges. It's two to three years down the pipeline, I figure. I
think the city should be proceeding now." 
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MAP posted-by: Jo-D