Pubdate: Tue, 01 Aug 2000
Source: Kitchener-Waterloo Record (CN ON)
Copyright: Kitchener-Waterloo Record 2000
Contact:  http://www.southam.com/kitchenerwaterloorecord/
Author: Terry Pender, Record Staff

POT LAW UNCONSTITUTIONAL, COURT RULES

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.

If that happens, it would be legal to possess marijuana in Ontario, and the 
trend could spread across the country if the law is challenged in other 
provinces.

But don't light up in celebration. Marijuana possession in Canada is still 
illegal, and the law remains in effect. But that didn't dampen Devries' 
reaction to the ruling.

"This ruling is a great ruling," she said. "Anything that gives marijuana 
more legitimacy as a medicine is great."

By using marijuana, she reduced her use of morphine to 30 bottles every two 
weeks, down from 120 bottles. Each bottle contains 50 milligrams of the 
powerful narcotic.

"The only time I can eat is when I use marijuana," she said. "It's more 
important to me than most of the other drugs I take."

She was among the first 14 people in Canada to receive an exemption from 
the Controlled Drugs and Substances Act allowing her to possess marijuana 
for medicinal use. Earlier this year, Waterloo regional police confiscated 
19 grams of marijuana that was sent to Devries from the British Columbia 
Compassion Club, a Vancouver-based organization providing high-quality 
marijuana to 1,200 ill people across Canada.

Hilary Black, a founder and co-director of that club, said the ruling is 
"phenomenal."

"If the federal government amends the law as the court asked them to, then 
it will be real progress for the medical use of marijuana," Black said in a 
telephone interview from Vancouver. "If they don't amend it, then there 
will be no law against possession in Ontario."

This appeal court ruling in Ontario follows a recent case in B.C. where a 
marijuana grower under contract to the compassion club was given an 
absolute discharge by the B.C. Supreme Court for growing about 100 plants.

Federal Health Minister Allan Rock first announced clinical-drug trials of 
marijuana last year, and started giving a select few exemptions from the 
possession provisions of the existing act. At that time, several people 
called Shakedown Street in Kitchener, a business specializing in 
marijuana-related paraphernalia. They were looking for contacts at 
compassion clubs who could provide them with marijuana.

"I think, basically, it's about time," said Sean Doiron, manager of 
Shakedown Street, in reaction to Monday's court ruling.

"I think they (courts) see the medical benefits," he added. "They don't see 
the social and recreational benefits, and I don't think they ever will."

Meredith Banman, 18, doesn't think the courts ever should.

"I agree with the part about letting people with medical problems use it," 
said Banman as she browsed in Shakedown Street.

"But I hope the government does something to amend the law in the next 12 
months to keep possession illegal for everyone else."

Too many young people may pick it up if it were legalized or 
decriminalized, Banman said.

The Issues

The Ontario Court of Appeal has ruled Canada's marijuana law violated Terry 
Parker's right to liberty and security.

Parker, of Toronto, uses marijuana to control his epileptic seizures.

Health Canada issues exemptions to the Controlled Drugs and Substances Act 
to allow some ill people to use pot.

Ontario's highest court says those exemptions should be written into law to 
prevent unnecessary charges against sick people.
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MAP posted-by: Terry Liittschwager