Pubdate: Fri, 21 Jan 2000
Source: Calgary Herald (CN AB)
Copyright: 2000 Calgary Herald
Contact:  P.O. Box 2400, Stn. M, Calgary, Alberta T2P 0W8
Fax: (403) 235-7379
Website: http://www.calgaryherald.com/
Forum: http://forums.canada.com/~calgary
Author: Tom Blackwell

AIDS PATIENT WANTS POT SUPPLIED

The Toronto AIDS patient who won the right to smoke pot for medical reasons
is going back to court to demand that the federal government give him a
safe, regular supply of the drug.

In a constitutional challenge unveiled Thursday, Jim Wakeford will also
demand that his caregivers be made immune from prosecution when they find
marijuana for him.

Police have already charged two of his helpers with possession.

``He can use it, he can cultivate it. But how he gets it is his business,''
said Allan Young, Wakeford's lawyer.

``What we're saying is that's not the proper approach for sick people. The
government has said it's going to grow (marijuana) here in Canada, but it
could take six months to 12 months to set up. What's he to do in the
interim?''

Health Minister Allan Rock granted Wakeford and 19 other patients an
exemption from drug laws last June after an earlier court challenge under
the Charter of Rights and Freedoms.

But the Toronto man said Thursday he's still having trouble getting his
hands on the narcotic, which helps alleviate nausea and appetite loss
brought on by his AIDS medication.

He said he tried to grow it himself. Buying it on the street costs up to
$400 a month for product that is of unknown quality and puts caregivers who
procure it for him at risk, Wakeford said.

``I'm fighting for survival, so I put people in that position. But I hate
doing that. It's been very difficult.''

His application, slated to be heard March 17, asks the Ontario Superior
Court to order the government to provide him with a safe supply of marijuana
now. By refusing to do so, the government is violating his rights to life
and security of the person under the charter, the document says.

It also asks that his caregivers get an exemption from criminal charges too.

Derek Kent, a spokesperson for Rock, said the department is aware of
concerns about caregivers obtaining marijuana.
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