Canada's Marijuana Laws May Have Been Ruled Unconstitutional, But It's Too Little, Too Late For Jim Wood. The Ontario Court of Appeal ruled Monday the law prohibiting the possession and cultivation of marijuana is unconstitutional and fails to recognize the plant's medical qualities. Mr. Wood of Saint John is overjoyed to hear this news, but he still must abide by a 7 p.m.-to-7 a.m. curfew, perform community service and consent to random physical searches - all in accordance with his June sentence for growing and possessing marijuana. Possession and cultivation, he says, that was targeted towards alleviating his severe back pain. [continues 330 words]
When the Ontario Court of Appeal ruled on Monday that Canada's marijuana-possession law is unconstitutional, Catherine Devries of Kitchener was ecstatic. "I'm glad to hear of the ruling because it gives more validity to the cause," said Devries, who suffers from a painful back disorder that's forced her on to a disability pension of $960 a month. The "cause" she mentioned is the medical use of marijuana. In its ruling, the appeal court said Canada's marijuana law fails to recognize that people who suffer from chronic illnesses can use cannabis as a medicine. The court ruled that if Ottawa doesn't clarify the law within 12 months, the law prohibiting marijuana possession will be struck down in Ontario. [continues 552 words]
Court Gives Feds A Year To Fix Law On Possession The federal law prohibiting pot possession is under assault after Ontario's highest court ruled it unconstitutional. The Ontario Court of Appeal has given Ottawa a year to amend the law, or in effect possessing marijuana would be legal. The court ruled yesterday that Canada's marijuana law fails to recognize that people who suffer from chronic illnesses can use pot as medicine. As a result, the court ruled that if Ottawa does not clarify the law within 12 months the law prohibiting marijuana possession in Ontario will be struck down, which could eventually lead to similar challenges across Canada. [continues 173 words]
TORONTO (CP) - Ontario's highest court has declared the law prohibiting the possession of marijuana unconstitutional and has given Ottawa a year to amend it. The Ontario Court of Appeal ruled yesterday that Canada's marijuana law fails to recognize that people who suffer from chronic illnesses can use pot as medicine. As a result, the court ruled that if Ottawa does not clarify the law within 12 months the law prohibiting marijuana possession in Ontario will be struck down, which could eventually lead to similar challenges across the country. [continues 201 words]
Federal government must rewrite law or else marijuana will be legalized In a ruling that takes a step towards marijuana legalization, a judge struck down the federal government's anti-possession law yesterday for ill Canadians who smoke marijuana to ease their pain. Justice Marc Rosenberg of the Ontario Court of Appeal, declared the law violates the rights of sick people by forcing them to choose between "health and imprisonment," and gave the federal government one year to rewrite its legislation. [continues 500 words]
TORONTO -- Parliament has a year to amend its marijuana laws or else Ontarians will be able to possess pot legally, Ontario's highest court ruled yesterday. In a unanimous judgment by Justices Marvin Catzman, Louise Charron and Marc Rosenberg, the Court of Appeal declared the prohibition on the marijuana possession in the Controlled Drugs and Substances Act (CDSA) of no force and unconstitutional. The landmark Court of Appeal judgment upheld a lower court judge's decision to stay charges against Toronto epileptic Terry Parker. The 44-year-old, who smoked pot to reduce the number of dangerous seizures, was busted in 1996 and 1997 for possession. Rosenberg wrote that Parker needs grass to control the symptoms of his epilepsy and also that the prohibition on his cultivation and possession was unconstitutional. [continues 108 words]
Feds get year to fix unconstitutional law or it will be struck down TORONTO -- Ontario's highest court has declared the law prohibiting the possession of marijuana unconstitutional and has given Ottawa a year to amend it. The Ontario Court of Appeal ruled yesterday that Canada's marijuana law fails to recognize that people who suffer from chronic illnesses can use pot as medicine. As a result, the court ruled that if Ottawa does not clarify the law within 12 months the law prohibiting marijuana possession in Ontario will be struck down, which could eventually lead to similar challenges across the country. [continues 486 words]
TORONTO (CP) - Ontario's highest court has declared the law prohibiting the possession of marijuana unconstitutional and has given Ottawa a year to amend it. The Ontario Court of Appeal ruled Monday that Canada's marijuana law fails to recognize that people who suffer from chronic illnesses can use pot as medicine. As a result, the court ruled that if Ottawa does not clarify the law within 12 months the law prohibiting marijuana possession in Ontario will be struck down, which could eventually lead to similar challenges across the country. [continues 601 words]
MPs given a year to clarify rules on medicinal use National Post, with files from Southam News and The Canadian Press The Ontario Court of Appeal yesterday ruled that a law prohibiting possession of marijuana is unconstitutional and gave Parliament one year to amend it. "The whole [marijuana] law is tainted by the failure of Parliament to have meaningful process whereby people can use the illicit substance as medicine," said Alan Young, a professor of law at Osgoode Hall in Toronto who has represented clients who want to use marijuana medicinally. [continues 470 words]
TORONTO (AP) — Ontario's highest court has declared the law prohibiting the possession of marijuana unconstitutional and has given Ottawa one year to amend it. The Ontario Court of Appeal ruled Monday that Canada's marijuana law fails to recognize that people who suffer from chronic illnesses can use pot as medicine. As a result, the court ruled that if Ottawa does not clarify the law within 12 months the law prohibiting marijuana possession in Ontario will be struck down, which could lead to similar challenges across the country. [continues 159 words]
Simple possession of marijuana does not pose a serious or substantial risk of harm to society but the law prohibiting possession is not unconstitutional, the B.C. Court of Appeal ruled Friday in a 2-1 decision. "I agree that the evidence shows that the risk posed by marijuana is not large," Justice Tom Braidwood wrote in a 107-page decision, with Justice Anne Rowles agreeing. But he added: "I do not feel it is the role of the court to strike down the prohibition on the non-medical use of marijuana possession at this time. In the end, I have decided that such matters are best left to Parliament." [continues 521 words]
Many Docs Oppose 'Cheech And Chong' Medicine But Clinical Trials Planned Jim Wakeford smokes marijuana every day. But he says it's rare -- unless he's lucky and having a good day -- for him to feel the drug's high. Marijuana is not a habit or a hobby for the Toronto man, 55, who has been living with AIDS for more than a decade. The marijuana joint Wakeford smokes before dinner every evening helps keep him alive, he says. Without it, Wakeford says, he has no appetite. The potent mix of AIDS drugs and the rigors of the disease leave him nauseated, robbing food of its taste and smell. [continues 1824 words]
Jim Wakeford smokes marijuana every day. But he says it's rare -- unless he's lucky and having a good day -- for him to feel the drug's high. Marijuana is not a habit or a hobby for the Toronto man, 55, who has been living with AIDS for more than a decade. The marijuana joint Wakeford smokes before dinner every evening helps keep him alive, he says. Without it, Wakeford says, he has no appetite. The potent mix of AIDS drugs and the rigors of the disease leave him nauseous, robbing food of its pleasurable taste and smell. [continues 1836 words]
A US Woman Seeks Political Asylum In Canada, Claiming Persecution In Marijuana Case. A US woman wanted in California for conspiring to sell marijuana is fighting extradition from Canada on the grounds that she is a political refugee - from the war on drugs. Her belief in the medicinal value of marijuana makes her in effect a member of a persecuted group, her lawyer argues. This case is more than an unprecedented legal gambit. It also illustrates the contradictory laws and enduring sensitivity of marijuana as a public issue in the United States and Canada. [continues 834 words]
Canadian Drug Laws Challenged In Toronto Courtroom Terry Parker looks tired as he sits on a bench outside Courtroom One at the Ontario Court of Appeal. The day before, Health Minister Allan Rock announced 14 new legal exemptions for medical marijuana users but Parker -- the first man in Canada to win the right to inhale cannabis -- isn't impressed. "Rock's announcement sucks," says the blunt-speaking Parker, who says marijuana is the only medicine that eases his brutal grand mal epileptic seizures. "Having to bow down to doctors for exemptions for cannabis is ridiculous." [continues 593 words]
The cops have been known to pull a few boners when it comes to enforcing this country's pot laws. None more ironic, perhaps, than the visit drug-squad officers, battering ram in hand, paid recently to Terry Parker, this country's pioneer when it comes to the legalization of marijuana for medicinal purposes. The cops, it seems, were not aware of a 1997 court decision giving Parker the right to possess and cultivate pot for his epilepsy. But that wasn't the end of it. Parker's personal stash of the sticky green was nowhere to be found after the cops left. [continues 89 words]
TORONTO (CP) - No legal drug helps an epileptic man control his seizures better than a puff of marijuana, Ontario's highest court heard Friday. "There is no question that Terry Parker receives therapeutic benefit from marijuana," defence lawyer Aaron Harnett argued. But Crown lawyer Kevin Wilson told the Ontario Court of Appeal that denying Parker marijuana doesn't violate his Charter rights because there's no conclusive evidence he can't control his seizures through legal means - a synthetic version of an active ingredient in pot. [continues 340 words]
(TORONTO) -- A judge was wrong to find the law against smoking marijuana violates an epileptic's rights because the man has legal ways to control his seizures, Ontario's highest court heard yesterday. Crown lawyer Kevin Wilson argued there's no proof that pot prevents Terry Parker's seizures any better than a legal, synthetic form of the drug. Wilson's arguments before the Ontario Court of Appeal came as the Crown began its challenge of a pivotal 1997 ruling that declared parts of Canada's marijuana law unconstitutional. [continues 390 words]
Man Should Have To Apply For Medical Use, Court Told In a struggle to keep control over medical marijuana firmly in the hands of the minister of health, the federal government yesterday asked the Appeal Court of Ontario to strike down a two-year-old decision that allows a Toronto man to smoke cannabis to control his epileptic seizures. Terry Parker, a 44-year-old man who suffers severe seizures that have repeatedly endangered his life, in 1997 became the first Canadian to lawfully smoke marijuana, after he persuaded a lower court that conventional therapies, including the surgical removal of parts of his brain, had not controlled his symptoms as effectively as smoking the banned drug. Court victories such as Mr. Parker's have successfully put pressure on the government to begin developing a policy to allows access to marijuana on medical grounds. Now that the government has begun to make such allowances, however, it is asking the courts to step back and allow Allan Rock, the Health Minister, to decide who gets access to the drug and when. [continues 368 words]
Drug's Value Outweighs Harm, Critics Claim It's unfair for Ottawa to deprive sick and dying Canadians of access to medical marijuana because of fear of long-term harm, Ontario's top court has been told. ``Do we really tell a terminally ill AIDS patient that he can't use this to alleviate his symptoms because there is a chance he might get bronchitis in 30 years?'' University of Toronto law professor Ed Morgan asked yesterday. Morgan was representing the Epilepsy Association of Toronto, which is intervening in an appeal by Torontonian Terry Parker, one of two men before the Ontario Court of Appeal hoping to reform Canada's marijuana laws. [continues 343 words]
Makes Sense To Treat Hemp Like Marijuana, Federal Lawyer Says It's only right that Canada's drug possession laws make no distinction between a marijuana joint and hemp clothing because both could theoretically be smoked, a federal lawyer suggests. "What if you decide to tear up the hemp shirt and put it in little portions that could be consumed?" justice department lawyer Morris Pistyner said yesterday. Pistyner was responding to a question from Ontario Court of Appeal Justice Louise Charron about whether criminal prohibitions on cannabis are too broad. The court is the highest in Canada to consider whether the drug should be decriminalized for medical and recreational use. [continues 392 words]
(Toronto) -- Pot is safer than many of the foods people eat, and it shouldn't be a crime to use it, Ontario's top court was told yesterday. "You can kill lab rats with sugar -- you can't kill them with marijuana," lawyer Alan Young told the three-judge panel of the Ontario Court of Appeal. Young made the points during a constitutional challenge of Canada's marijuana law on behalf of Chris Clay, who was convicted in London in 1997 of selling a cannabis plant to an undercover officer, and Terry Parker, who suffers from epilepsy. [continues 369 words]
TORONTO -- In a constitutional challenge to Parliament's right to legislate marijuana, the Appeal Court of Ontario was asked yesterday to strike down laws that make consumption of the drug criminal. Lawyers for Christopher Clay, a store owner convicted in 1997 of selling a small cannabis plant to an undercover officer in London, Ont., are asking the court to strike down Canada's marijuana laws because there exists scant scientific evidence of medical or sociological harm associated with the drug. Parliament does not have the authority to criminalize a recreational activity that has not been proven to be harmful, said lawyers for Mr. Clay, who engaged in what they call the widest review of the scientific literature concerning marijuana consumption since a Royal Commission tabled a four-year report on the subject in 1972. [continues 306 words]
Activist, Epileptic Challenge Laws More than 600,000 Canadians have criminal records for possession of marijuana but Ottawa has no valid basis for making it a crime, Ontario's highest court has been told. Parliament outlawed pot amid hysteria over the drug in 1923, but the last 76 years have shown its harm is minimal, law professor Alan Young told the Ontario Court of Appeal yesterday. At one time in Canada, margarine was considered harmful and possessing it was also a crime, Young noted. [continues 227 words]
Ottawa -- Another 14 Canadians are free to smoke marijuana for medicinal purposes today even as the government takes an epileptic to court for suppressing his seizures with therapeutic pot. Health Minister Allan Rock's announcement Tuesday in Ottawa that 14 new exemptions have been granted under the Controlled Drugs and Substances Act was greeted with cautious optimism and open cynicism by medicinal-use activists. "(Today) we'll be announcing that 14 additional persons will be granted exemptions under the legislation . . . because they're very sick or they're dying," Mr. Rock announced after a cabinet meeting. [continues 485 words]
TORONTO (CP) -- Marijuana should be decriminalized because it's safer than many of the foods people consume, a lawyer told the Ontario Court of Appeal today. "You can kill lab rats with sugar -- you can't kill them with marijuana," said defence lawyer Alan Young, who is representing recreational pot user Chris Clay and epileptic Terry Parker. Young said studies suggest cannabis is one of the safest drugs out there. He also argued Parliament did not have a reasonable basis for making marijuana use illegal because there isn't proof the drug is significantly harmful enough to warrant criminal sanctions. [continues 243 words]
Allan Rock, the Health Minister, is expected to announce this week that he will exempt from criminal prosecution approximately a dozen Canadians who use marijuana to relieve medical problems, the National Post has learned. The exemptions for the yet-unnamed individuals will be the first granted by Mr. Rock since he allowed unprecedented legal access to marijuana for two AIDS patients last June after the Ontario Superior Court ruled that lack of such access contravened a patient's rights under the Charter of Rights and Freedoms. [continues 561 words]
On April 21, the Canadian Association of Chiefs of Police recommended to the federal government that possession of small quantities of drugs, including heroin, be decriminalized but not legalized. The most encouraging aspect of the position taken by the association is that it recommends the people of Canada and the federal government take an approach that would treat all matters pertaining to the consumption of drugs as a public health matter. That was being said three years ago. We were saying exactly this three years ago. Finally, little by little, things are moving forward. It would be vital therefore according to the association that a Canadian drug control policy be developed that would lead to the development of treatment for the real problem created by the consumption of drugs both for society and for drug users. Such a policy would incorporate a damage reduction strategy in an effort to avoid worsening the problem by trying to ease it. According to the heads of the association, the justice system and punishment are not the only solution to the problem of the consumption of illegal drugs, and the resources allocated would be better used in the fight against drug trafficking and organized crime. This position was supported by the RCMP. [continues 4077 words]
[Translation] The House resumed from April 14, 1999, consideration of the motion, of the amendment and of the amendment to the amendment. Mr. Bob Kilger (Stormont-Dundas-Charlottenburgh, Lib.): Mr. Speaker, discussions have taken place between all parties and the member for Rosemont concerning the taking of the division on M-381 scheduled at the conclusion of Private Member's Business today. You would find consent for the following: That, at the conclusion of today's debate on Motion M-381, all questions necessary to dispose of the said motion shall be deemed put, a recorded division deemed requested and deferred until Tuesday, May 25, 1999, at the expiry of the time provided for Government Orders. [continues 5701 words]
A Chelmsford man is up on charges of possession and trafficking in a substance he calls a painkiller. That substance is marijuana. Barry Burkholder, 34, says he needs the healing power of cannabis to deal with the pain of chronic arthritis and with various ailments associated with recently-diagnosed hepatitis C. Burkholder says he contracted hepatitis C 14 years ago from an unsterilized tattoo needle. Sometimes his pain is so bad, he says, he cannot turn a door knob. His seven-year-old daughter, Nicole, has to help him up from the floor when he falls. [continues 341 words]
OTTAWA - The federal government has moved one step closer to permitting the use of marijuana for medical purposes. A Bloc Quebecois motion calling for the legalization of pot for medical reasons passed Tuesday night in the House of Commons, with a few amendments. The motion calls on the government to"take steps immediately" to develop clinical trials, guidelines for its use and a safe supply of marijuana for people who need it for medical reasons. Earlier this spring, Health Minister Allan Rock promised clinical trials into the medicinal use of marijuana. [continues 197 words]
The House of Commons voted last night to urge the federal government to "take steps" toward legalizing marijuana for medical use. Governing Liberals united with opposition MPs to approve, by a 204-29 vote, a diluted version of a Bloc Quebecois motion calling for legalization of the street drug so those ill with cancer, AIDS and epilepsy can ease their suffering without fear of prosecution. The reworded motion reflects Health Minister Allan Rock's commitment in March to begin clinical trials of medical marijuana, but like Rock it makes no commitment as to whether the drug will be made available to patients as treatment rather than research. [continues 353 words]
TORONTO, - The Canadian government has indicated that it does not intend to appeal an Ontario court ruling that permits a Toronto AIDS patient from using marijuana for medicinal purposes. However, federal Health Minister Allan Rock said today the Ontario Superior Court ruling does not mean that smoking marijuana has been legalized. Rock was commenting on the court ruling handed down on Monday giving 54-year-old Jim Wakeford a constitutional exemption from being prosecuted if he smoked marijuana to relieve his sympton. [continues 210 words]
The Canadian government has indicated that it doesn't intend to appeal an Ontario Superior Court ruling that permits a Toronto AIDS patient to use marijuana for medicinal purposes. However, federal Health Minister Allan Rock says the decision doesn't mean that smoking marijuana has been legalized. The court ruling handed down Monday gave 54-year-old Jim Wakeford a constitutional exemption from being prosecuted if he smoked pot to relieve his symptoms. Justice Harry LaForme also ruled that Wakeford would not have to tell the government where he got the marijuana. [continues 94 words]
AIDS patient awaits health ministry ruling on medical treatment A Toronto man dying of AIDS has won a constitutional exemption from being prosecuted for using marijuana as medical treatment to relieve symptoms of his disease. Saying he was ``personally impressed and comforted'' by the federal government's action on the medical use of marijuana, Mr. Justice Harry LaForme granted Jim Wakeford an interim exemption until Health Minister Allan Rock rules on the case. ``I'm in shock and I'm ecstatic,'' Wakeford, 54, said after yesterday's landmark ruling by the Ontario Superior Court judge. ``This is a big victory for a lot of people.'' [continues 418 words]
It's not often we find ourselves more pro-cop than the premier. The basis of our newfound respect for the police is an April 21 motion by the Canadian Association of Chiefs of Police in favor of "decriminalizing" marijuana possession. The chiefs would like to replace the current penalty of jail and a record with a ticket and a fine. A few days later, the RCMP announced they too support decrim. By decriminalizing, Canada would join the 11 U.S. states and several European countries that have already reduced pot penalties to the level of non-criminal offences. [continues 379 words]
Canadians overwhelmingly support the medicinal use of marijuana, according to a new national survey. In a survey of 2,026 people, conducted last month by Decima Research Inc., 78% of those polled said they support the federal government's plan to consider the use of marijuana as a possible treatment for various medicinal conditions. The survey is considered accurate within 2.1 percentage points, 19 times out of 20. "That's a very very strong consensus," said Dave Crapper, seniour vice-president of Decima. "In public opinion terms, that's a reallly big number. And for a third of the population to strongly support anything is very impressive." [continues 279 words]
In the U.S. this month, a landmark report commissioned by the White House concluded that marijuana might be the best medicine available for millions of people with illnesses such as cancer, glaucoma and multiple sclerosis. Canada's Health Minister Allan Rock has announced the start of clinical trials -- the first major step toward legalization. In the meantime, thousands of British Columbians, suffering the pain and nausea of chronic illness, continue to break the law on a daily basis. It is Jackie's first smoke of the day. She's having a hard time keeping it down. [continues 1672 words]
Liberals Blowing Smoke On Medical Marijuana Study -- The Evidence Has Been In For 25 Years For many connoisseurs of altered reality, the pungent sweetness of the marijuana plant heralds a gentle, spacy universe where time lingers and reflection is a multilayered experiment. But the much-maligned herb also offers less sublime possibilities. Those who suffer physical torment talk of it as a salve -- a calming, pain-easing medicine more important for its ability to make life bearable than for its invitation to a fifth dimension. [continues 2100 words]
On March 3, Allan Rock told the House of Commons that Health Canada would soon launch clinical trials to test the medical benefits of cannabis. Southern Ontario medical tokers and activists were underwhelmed by the announcement. Toronto AIDS patient Jim Wakeford, who smokes cannabis to relieve vomiting and stimulate his appetite, points out that he'll probably be dead by the time long-term trials are over. At present, a grand total of one person -- Terry Parker, of Toronto -- is legally allowed to use marijuana in Canada. In December, 1997, Parker convinced a judge his constitutional rights would be violated by denying him cannabis, which he uses as a muscle relaxant to prevent epileptic seizures. [continues 361 words]
Denying marijuana to desperately ill people in order to keep it out of the hands of recreational users is both absurd and inhumane. Parliament has finally recognized that. This week, Health Minister Allan Rock, prodded by the Bloc Quebecois, authorized clinical trials to determine the therapeutic benefits of the drug. It shouldn't have taken decades of pleading, lobbying and covert lawbreaking on the part of doctors, caregivers and those suffering from cancer, AIDS, multiple sclerosis, epilepsy and other chronic diseases to win this small show of compassion from Canada's lawmakers. [continues 219 words]
Rock denies trials are step toward legalization The federal government plans to conduct human clinical tests to determine if smoking marijuana can reduce pain in terminally ill patients, a first step toward legalizing the drug for medical purposes. Health Minister Allan Rock made the announcement yesterday in the House of Commons, explaining later that it should not be seen as a step toward legalizing marijuana use. ``This has nothing to do with legalizing marijuana,'' he told reporters. ``This has to do with the fact there are people in Canada suffering from terminal illnesses who have symptoms which are very difficult and who believe (smoking marijuana) can help.'' [continues 596 words]
`We Want To Help' Dying Patients With Cancer, AIDS Allan Rock, the Health Minister, gave the go-ahead yesterday for clinical trials on the medical use of marijuana to determine whether the drug can help ease the pain of Canadians suffering from terminal illnesses such as AIDS and cancer. The Bloc Quebecois, which has led a campaign to legalize use of the drug for medical purposes, and pro-medical marijuana advocates immediately applauded the move. The Reform party was reluctant to give its support to clinical trials out of fear it might be the first step toward full decriminalization of marijuana. [continues 408 words]
Illegal drug to be researched for use by the sick, Rock reveals to House OTTAWA - The federal government will begin clinical tests of marijuana, the first step toward establishing a safe, government-supervised supply of pot for Canadians who need it for medicinal purposes. Health Minister Allan Rock made the surprise announcement in the House of Commons yesterday, a day before Bloc QuE9bE9cois MP Bernard Bigras was to introduce a private member's motion on the same matter. According to some estimates, 20,000 or more Canadians would be likely to apply to smoke marijuana to ease the pain and symptoms of such debilitating diseases as glaucoma, multiple sclerosis, cancer, epilepsy, AIDS or arthritis. [continues 508 words]
But would I smoke marijuana now? You bet, if there was a medical need. And like some people with AIDS and other diseases, I'd fight like hell to do it. Several years ago I was contacted by Terry Parker, a Toronto epilepsy sufferer. He told me that without smoking marijuana he was subject to three grand mal seizures and anywhere from 15 to 80 petit mal seizures a week! Parker wanted me to help in his fight to legalize marijuana for medical purposes. I was sympathetic. But at the time I was embroiled in a major fight to legalize the medical use of heroin for terminal cancer patients. I simply didn't have time to fight two battles at once. [continues 574 words]
The case of pot crusader Lynn Harichy continues to drift along while the Ontario Court of Appeal ponders a long-awaited decision in another marijuana-as-medicine case. Harichy, a 37-year-old Londoner with multiple sclerosis, was charged with possession Sept. 15, 1997, when she lit up a joint on the steps of police headquarters to protest marijuana laws. She says she needs the illegal weed to ease the pain and spasms of her illness. Harichy appeared in London court yesterday for a third attempt to set a trial date, only to be remanded out of custody until Feb. 10. [continues 114 words]
