Pubdate: Fri, 18 Jan 2002
Source: Ottawa Citizen (CN ON)
Copyright: 2002 The Ottawa Citizen
Contact:  http://www.canada.com/ottawa/ottawacitizen/
Details: http://www.mapinc.org/media/326
Author: Patti Edgar, The Ottawa Citizen
Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada)

AIDS PATIENT DENIED SAFE MARIJUANA

Jim Wakeford Was Granted Exemption By Health Canada In 1999 From
Canadian Drug Laws

TORONTO -- Ontario judges dismissed the appeal yesterday of an AIDS
patient who argued for a safe supply of medical marijuana and
exception for his caregiver from drug laws.

Jim Wakeford was one of the first Canadians to be granted an exemption
by Health Canada in 1999 from Canadian drug laws for medical reasons
to soothe the severe nausea and spasms caused by his medication. Since
then, he has led a fight in the courts for protection from drug laws
for his caregivers and access to a safe and affordable supply of
marijuana for medical purposes.

Wakeford's case was dismissed in the spring of 2000, with Justice
Blenis Wright concluding that Wakeford wasn't having difficulty
getting marijuana and the government was working at a reasonable pace
to provide clinical trials of the drug.

Wakeford appealed the ruling last March, but the three Ontario court
of appeal judges reserved their decision.

Yesterday, the judges dismissed Wakeford's appeal of Judge Wright's
ruling, saying that the "legislative landscape" has changed and
Wakeford should make a new application under regulations that came
into force on July 30.

Louis Sokolov, one of Wakeford's lawyers, said he was disappointed by
the ruling. He hasn't had a chance to ask his client whether he wanted
to make a new application. "Mr. Wakeford, or someone like him if he
isn't strong enough to continue his fight, will have to start all over
again," said Sokolov.

"Although there has been a number of defeats along the way, litigation
has clearly been the main force in moving the government along. While
there's been some progress, we hoped the court of appeal would further
the progress, but it chose not to intervene." 
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