Pubdate: Fri, 28 Sep 2001
Source: North Island Weekender (CN BC)
Copyright: 2001 North Island Weekender
Contact:  http://www.northislandweekender.com
Details: http://www.mapinc.org/media/1270
Author: Paul Rudan

POT CHARGE DROPPED IN THE WAKE OF NEW LEGISLATION

"I want to thank Parker. He's the man!" proclaimed Ken Reyklin after a 
judge dismissed charges of marijuana possession against him Sept. 21 in 
Campbell River Provincial Court.

The Campbell River man was thanking Terrance Parker, an Ontario resident 
who successfully challenged federal drug laws pertaining to people with 
serious health conditions who use marijuana to ease their suffering.

As a result of the 2000 case, Regina vs. Parker, the Ontario Court of 
Appeal ruled:

"...that the prohibition on possessing marihuana [sic] in the CDSA 
(Controlled Drugs and Substances Act) has deprived Parker of his right to 
security of the person and his right to liberty in a manner that does not 
accord with the principles of fundamental justice."

The verdict also forced the federal government to amend the Narcotic 
Control Regulations to allow for the medical use of marijuana. The law was 
changed July 31.

According to Health Canada, "The regulations establish a compassionate 
framework to allow the use of marijuana by people who are suffering from 
serious illnesses, where conventional treatments are inappropriate or are 
not providing adequate relief..."

On July 16, 2000, Ken Reyklin was driving a "beater" on the Island Highway 
near the Driftwood Restaurant when an RCMP officer pulled him over due to a 
burned-out tail light.

A subsequent search of the vehicle revealed two ounces of marijuana which 
resulted in a possession charge against Reyklin.

With the help of a Legal Aid lawyer, Reyklin admitted to possessing the 
marijuana but asked the court for a stay of proceedings under section 24 of 
the Canadian Charter of Rights and Freedoms on the basis that his 
possession of the drug was for medical purposes, and that to convict him 
would infringe or deny his rights under section 7 of the Charter.

"This is no big deal," Reyklin said. "They've made several of these 
decisions across the country."

Reyklin told the court he has smoked marijuana for 30 years and since 1993 
has suffered from irritable bowel syndrome (IBS). It's a condition which 
can result in severe pain and on two occasions Reyklin was hospitalized due 
to IBS.

Reyklin went through several medical tests, changed his diet, started 
exercising more and cut down his consumption of alcohol but the painful 
symptoms continued.

Following his arrest, Reyklin informed his doctor that he used marijuana 
and his reasons for doing so. In an opinion letter given to the court, Dr. 
James S. Proctor supported his patient's decision but warned that smoking 
marijuana would have and adverse effect on one's heart and lungs, and would 
impair one's ability to drive a vehicle.

"Medical treatment of his problem has been a failure, and on occasion has 
caused intolerable side effects," Dr. Proctor wrote. "Given the effective 
relief he gets from marijuana, and the lack of relief from standard 
medicines, it would seem reasonable to allow him to continue to use it."

In his decision, Judge Brian Saunderson agreed and stayed the charges 
against Reyklin.

"In the course of dealing with IBS, (Reyklin) found that marijuana reduces 
the pain, assists him in coping with the remaining pain." more effectively, 
eliminates nausea, improves his appetite, and reduces emotional stress - 
itself a cause of IBS," said Judge Saunderson. "He described marijuana as 
being the best of all treatments in relieving the symptoms of his condition."

More importantly, according to Reyklin's lawyer Wilfred Williams, the judge 
liberalized the rules pertaining to people who use marijuana for medicinal 
purposes.

"The most important part of the judgment is he doesn't have to exhaust all 
other remedies," said Williams outside the courtroom following the 
decision. More specifically, the judge said, "...to establish this Charter 
defence, a defendant need not exhaust all medical treatments for his 
ailment and find them of no benefit whatsoever as a condition precedent to 
choosing marijuana. He need only show that marijuana was a reasonable choice."

While Reyklin was satisfied by the verdict, he must now apply to Health 
Canada for a medical exemption to use marijuana. According to the new law, 
it would appear that Reyklin will require the written declarations from two 
medical specialists in order to receive an exemption.

If he is successful he can either grow his own marijuana, designate someone 
else to grow it for him, or obtain it from a licensed federal supplier.

While the decision frees Reyklin from facing future possession charges, he 
still does not know if Health Canada will approve his forthcoming 
application. Nevertheless, he was happy with Judge Saunderson's decision. 
"It is a good Friday," said Reyklin following the decision. "But after 
puffing for 30 years it's no big deal. It's just another day."
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MAP posted-by: Rebel