Pubdate: Fri, 22 Feb 2013
Source: Comox Valley Echo (CN BC)
Copyright: 2013 Comox Valley Echo
Contact:  http://www.canada.com/vancouverisland/comoxvalleyecho/index.html
Details: http://www.mapinc.org/media/785
Author: Lise Broadley

CHARTER CHALLENGE COMING FOR LOCAL MEDICAL MARIJUANA ACTIVIST

Comox Valley activist Ernie Yacub is preparing to take his fight for 
the public's right access medical marijuana to court on March 4 when 
he'll challenge the constitutionality of the laws governing medical 
pot and the way it's controlled.

After appearing briefly in Courtenay Provincial Court Tuesday, Yacub 
and his lawyer Kirk Tousaw confirmed that they plan to challenge the 
validity of the Controlled Drugs and Substances Act as it applies to 
cannabis used for medical or therapeutic purposes under the Canadian 
Charter of Rights and Freedoms.

"Section Seven of the Charter which guarantees life, liberty and 
security of the person is violated when you criminalize sick people 
and their caregivers like Mr. Yacub for providing them that which the 
government has not done to date - a safe and effective source of 
cannabis and cannabis-based medicines," said Tousaw. "Most critically 
and chronically ill Canadians that can't access a compassion club go 
to traditional black market sources. They're buying from the street 
at inflated prices, product of uncertain quality, unknown derivation 
and so compassion clubs fill a legislative void."

Yacub, who has long been involved with the North Island Compassion 
Club, was charged with possession of a controlled substance with the 
purpose of trafficking after RCMP raided the club in 2011. RCMP 
seized several pound of marijuana from the club, which was operating 
out of Yacub's home on Sixth Street in Courtenay.

The Compassion Club sells medical marijuana and marijuana products to 
its members for the treatment of various illnesses. The purpose of 
the club, Yacub has said in the past, is to prevent people who have a 
medical need for the drug from buying it off the streets. It operated 
out of his home for seven years without incident, according to Yacub, 
and who said he even informed police of the location of the dispensary.

"I'm optimistic. I think we have a good case. It's quite obvious that 
people have a hard time getting cannabis marijuana for their 
medicinal and therapeutic needs," said Yacub. "They have a hard time 
getting it from the government, [or] they don't know anybody in town, 
so they come to us."

Compassion clubs are not endorsed by the government. Legally, people 
with the right to use medical marijuana can obtain it through Health 
Canada from Saskatoon-based Prairie Plant Systems Incorporated, a 
company that grows, harvests and processes plants for pharmaceutical 
products and research. Patients are also permitted to obtain licence 
to grow a limited amount of marijuana or have a designated person 
grow it on their behalf.

Compassion clubs are popular because they often offer different 
strains of marijuana as well as other pot-based products such as 
baked goods and topical salves.

Tousaw had asked the court for 17 days to complete the Charter 
challenge but has been afforded just three days, beginning March 4.

"These things take quite a bit of time. We were provided with three 
days and so we're trying to work with the court and with the Crown to 
make those three days as productive and useful as possible," he said.

Tousaw also plans to challenge the warrant used to search the 
Compassion Club but as of Tuesday, he wasn't sure when that would 
occur or whether it would be necessary if the Charter challenge is successful.

Tousaw has already been successful in arguing that people authorized 
to use medical marijuana in B.C. should be allowed to make edible 
goods, tinctures, salves and other topical treatments from pot.

"What I say and what I hope the Charter supports and what I think 
Canadians generally agree with is that people shouldn't be criminals 
for accessing medicine in this way and people like Mr. Yacub who put 
their liberty at risk to help other Canadians, to extend a helping 
hand to sick people, they shouldn't be thrown in a cage," he said.
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MAP posted-by: Jay Bergstrom