Pubdate: Thu, 20 Feb 2003
Source: Victoria Times-Colonist (CN BC)
Copyright: 2003 Times Colonist
Contact:  http://www.canada.com/victoria/timescolonist/
Details: http://www.mapinc.org/media/481
Author: Sandra McCulloch, Times Colonist
Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

POT SMOKER CHALLENGES EVICTION

A Victoria man who has permission from the federal government to smoke 
marijuana for medicinal purposes says the Capital Region Housing 
Corporation and Saanich Police Department are blowing smoke in his face.

Eric Young is in B.C. Supreme Court chambers asking the court to decide 
whether he and his wife Marlene can be evicted because he legally smokes 
pot to treat a serious illness.

The Youngs live in an apartment run by the housing corporation. Neighbours 
have complained about Young's marijuana smoke damaging their quality of life.

Young, who suffers from multiple sclerosis, told the court that "cannabis 
is my only medicine."

He told Justice Malcolm Macaulay in his opening remarks that smoking pot is 
less damaging to his body than traditional medication.

"If it were not for cannabis, I would be sitting at home barely able to 
walk, barely able to feed myself, barely able to live," said Young.

While the federal government has given the nod to Young to smoke pot, he 
said the government has done nothing to ensure he has a steady supply, 
forcing him to choose between buying it on the street illegally or growing 
it on his premises.

Young said the complaints from neighbours are not valid and full of 
inconsistencies.

The couple has caused no physical damage to the suite and committed no 
crime by the pot-smoking, he said.

"We are quiet folks who live a quiet life," Young said.

The Capital Regional Housing Corp. is trying to evict the Youngs because of 
the neighbours' complaints. But Eric Young said the housing corporation 
just doesn't like the pot-smoking.

"You'll see from the evidence that the landlord is totally not happy with 
us being there," said Young.

Being allowed to smoke marijuana for medicinal purposes carries its own 
price tag, he said. Neighbours and CRD officials carry out surveillance of 
the couple and take photos of their home, he said.

"They were trying to upset us so we would move," he said.

He is expected to give up his right to privacy when it comes to his health 
and that's a violation of his rights under the charter, argued Young.

He smokes 1.5 grams a day, he said in court documents.
- ---
MAP posted-by: Jackl