Pubdate: Fri, 10 Jan 2003
Source: Toronto Sun (CN ON)
Copyright: 2003, Canoe Limited Partnership.
Contact:  http://www.fyitoronto.com/torsun.shtml
Details: http://www.mapinc.org/media/457
Author: Gretchen Drummie, Jason Tchir, Toronto Sun
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada)

LAWYERS, CLIENTS ON A HIGH OVER RULING

Lawyers and their clients who persuaded a judge to strike down the 
medicinal marijuana regulations as unconstitutional were high on 
yesterday's "bold" landmark ruling.

"Canada rules, that's for sure," Warren Hitzig, an applicants in the 
constitutional challenge, said. "I'm very surprised, extremely ecstatic. 
The judge made a fantastic decision. I would not have wanted to be in his 
shoes."

"The judge said it's unconstitutional for medical users to use the 
unconventional measures they had to use," said Hitzig, a founder of the 
Toronto Compassion Centre, which sold medicinal pot to about 1,500 
terminally ill people until it was raided last year. He and three others 
still face charges.

"We're very gratified by the decision," lawyer Joseph Neuberger said. "It 
addresses the concerns that we highlighted and puts real pressure on the 
government to now put into place a regime that does provide them with 
access to and (a) safe supply of medicinal marijuana. If they don't comply, 
then possession is lawful and they're no longer subject to criminal law."

Neuberger was one of four lawyers who successfully argued before Justice 
Sidney Lederman that the Marijuana Medicinal Access Regulations violated 
constitutional rights.

But epileptic Terry Parker "wasn't thrilled" by the ruling.

In 2000, the Ontario Court of Appeal backed Parker's right to smoke pot for 
medicinal purposes and gave Ottawa a year to revise the law. "I've been 
waiting two years, now it will be another six months," said Parker, who 
smokes pot daily to block his seizures. "It disturbs me, 2,400 to 4,600 
people die from epilepsy. We need this immediately."

"This is the strongest decision we have to date about the climate of the 
day with regard to decriminalization," said lawyer Leora Shemesh. Shemesh 
said Lederman is saying "the Marijuana Medicinal Access Regulations are 
ineffective, and that's probably the best signal we've received so far from 
a higher court about possibly decriminalizing the entire regime."
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