Pubdate: Wed, 24 Apr 2002
Source: Montreal Gazette (CN QU)
Copyright: 2002 The Gazette, a division of Southam Inc.
Contact:  http://www.canada.com/montreal/montrealgazette/
Details: http://www.mapinc.org/media/274
Author: Brian Daly
Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada)

POT USE OK FOR SOME, JUDGE SAYS

Laws Banning Sale Called Unconstitutional for Sick People Granted 
Permission to Use Drug

Canadian drug laws banning the sale of marijuana to sick people who have 
been granted permission to use the drug are unconstitutional, a Quebec 
judge said yesterday.

Judge Gilles Cadieux said the federal Charter of Rights and Freedoms 
protects the right to liberty and security of the person.

He suggested such rights include the use of cannabis by patients who have 
been granted a medical exemption and who can be proven to benefit from 
using the drug.

Cadieux made the statements at the trial of two men charged with 
drug-trafficking and possession at a non-profit centre that provided 
marijuana to those suffering from chronic illnesses.

It was not clear yesterday what immediate effect the judge's statement in 
Quebec court would have on the use and sale of medicinal marijuana in Canada.

The impact on the defendants, Marc-Boris St-Maurice, 33, and Alexandre 
Neron, 23, was also unclear.

The charges against the two men remained in effect yesterday, and legal 
arguments in the case are set to resume May 13.

But defence lawyer Pierre Leger said the judge's comments were an important 
step toward prompt and legal marijuana distribution at so-called compassion 
clubs that offer medicinal marijuana across the country.

"It's very good news," Leger said outside the courtroom.

"In the last five years, the courts have forced the federal government to 
give people access to the marijuana when they need it for medical purposes."

Neron and St-Maurice, the leader of the federal Marijuana party, were 
arrested in 2000 after police raided the Compassion Club in Montreal and 
seized 66 grams of marijuana.

Leger is challenging the constitutionality of the drug laws, saying they 
don't take into account the federal exemption granted to people allowing 
them to smoke marijuana to alleviate pain and the side-effects of 
prescription drugs.

The Compassion Club case could last several more months following recent 
developments related to the use of medicinal marijuana in Canada.

The Quebec College of Physicians has barred its members from granting 
medical permission to use the drug, even if patients have been granted a 
federal exemption.

And the federal Health Department announced Monday it won't release any of 
the marijuana being grown for the government to distribute to sick and 
dying patients until it has been tested in clinical trials.

In response, Leger submitted a motion yesterday to call four more 
witnesses, including a patient who is unable to obtain marijuana in Quebec 
despite permission from the federal government to do so.

Crown lawyer Robert Marchi said it's too early to tell what effect 
Cadieux's latest statements will have on the sale and use of medicinal 
marijuana in Canada.
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MAP posted-by: Alex