Pubdate: Thu, 17 Apr 2014
Source: Chronicle Herald (CN NS)
Copyright: 2014 The Halifax Herald Limited
Contact:  http://www.herald.ns.ca/
Details: http://www.mapinc.org/media/180
Author: Paul McLeod

CAMPAIGN TARGETS POT LAWS

Medical marijuana users are launching court challenges en masse,
arguing Canada's pot laws are unconstitutional.

At least five Nova Scotians have filed constitutional challenges in
Federal Court in recent weeks. Other than some personal details being
changed, the wording of the filings is identical.

The applicants are using what's known as a kit. For 15 minutes of
paperwork and the $2 online filing fee, anyone can file a claim to be
exempted from medical marijuana laws with the Federal Court.

Word of the kit spread on the Facebook page of the group Maritimers
Unite for Medical Marijuana.

It's too soon to say whether the applications will work. But they're
part of a national campaign to overturn Canada's pot laws, with the
criminal court case of an Oxford man at its centre.

The kit and the legal brief was written by Ontario resident, activist
and frequent political candidate John Turmel and is posted on his
website. Turmel said 146 people have used it at last count.

The basis of the challenge is that medical marijuana users face a slew
of barriers that don't affect other prescription medications,
impinging their right to stable, affordable treatment.

The intention is that by proving flaws in the rules, the applicants
can be exempted from marijuana laws until the system is fixed.

The applicants list various health ailments and problems. Some said
they couldn't find a doctor to grant them a medical marijuana licence.
Others said they can't afford the cost of buying marijuana.

Turmel, who is not a lawyer, said he hopes the legal argument could be
the basis of a Supreme Court challenge to overthrow the country's pot
laws altogether.

It's based on what was previously the closest chance pot activists had
at overturning the laws.

Matthew Mernagh managed to secure an Ontario Superior Court ruling
striking down the country's medical marijuana laws, but it was
overturned by Ontario's top court.

The Ontario Court of Appeal agreed that a blanket ban on marijuana
would be unconstitutional but found that Mernagh failed to prove there
were major barriers to getting medical pot.

Turmel has taken the basis of Mernagh's argument but beefed up a
section that argues doctors are arbitrarily and unfairly refusing to
grant medical marijuana licences.

The defence was used by Stephen Godfrey of Amherst, who was charged
with cultivating and possessing cannabis.

That case has gone before the Nova Scotia provincial court, and a
judgment is expected this month.

The case involved various witnesses afflicted by diseases but denied
medical marijuana licences.

According to the legal filing, the doctors cited excuses ranging from
"I don't want to be known as a pot doctor" to "I don't want to be
liable should you commit a criminal act under the influence."

The case would not carry any precedent. But it could be appealed all
the way to the federal level. It could also affect separate challenges
at the federal level.

"Godfrey is the first step," said Turmel.

"And if he finds the (law) is flawed, we take that to Federal Court
five days later. Even though it's not binding, it's persuasive for
us."  
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MAP posted-by: Jo-D