Pubdate: Fri, 18 Jan 2002
Source: Globe and Mail (Canada)
Page A7
Copyright: 2002, The Globe and Mail Company
Contact:  http://www.globeandmail.ca/
Details: http://www.mapinc.org/media/168
Author: Kirk Makin, Justice Reporter
Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada)

COURT REJECTS COMPLAINT OVER MARIJUANA

An AIDS victim who mounted a high-profile legal attack on the federal 
government's program to supply medicinal marijuana failed yesterday to win 
the support of the Ontario Court of Appeal.

The court rejected James Wakeford's contention that the Department of 
Health program comes nowhere near meeting the medical needs of sufferers 
who require a regular supply of uncontaminated marijuana.

Mr. Wakeford asked for Health Canada to be told to provide him with a safe 
and affordable supply of the drug.

The judges also said there were important defects in the procedure Mr. 
Wakeford followed to get his case before the courts.

"The appellant has not yet demonstrated that the regulations, as applied to 
him, have an adverse impact upon his liberty or security of the person," 
the court said.

A lawyer for Mr. Wakeford, Alan Young, said yesterday he was very 
disappointed that the appeal court decided the case on technical grounds 
and without considering recent evidence he produced.

"We had compelling, new evidence that the regulatory regime is completely 
unworkable," Mr. Young said. "My understanding is that Jim is extremely 
intent on appealing this decision."

Mr. Wakeford was diagnosed with AIDS in 1989. He takes 12 different 
medications and a total of 26 drug doses a day.

In 1999, Health Canada gave him an exemption from drug laws, allowing him 
to possess and cultivate marijuana.
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