Pubdate: Mon, 11 May 2015
Source: Metro (Vancouver, CN BC)
Copyright: 2015 Metro Canada
Contact:  http://www.metronews.ca/vancouver
Details: http://www.mapinc.org/media/3775
Author: Neal Hall
Page: 4

MEDICINAL POT USER CLAIMS DISCRIMINATION OVER CHOICE OF SMOKE

A member of the Royal Canadian Legion club in Parksville has filed a 
B. C. human rights complaint, alleging he has been discriminated 
against because he was banned from the club after smoking medical 
marijuana in the club's designated smoking area.

Jonathan Starnes claims he is prescribed medical marijuana for pain 
and alleges that on July 1, 2014, while smoking pot in the Legion 
Branch 49's designated smoking area, he was verbally insulted, 
assaulted, threatened and harassed by other members, then was asked 
to leave the premises.

Starnes, a Legion member for 11 years, says the incident has resulted 
in him being permanently banned from the Legion, which amounts to 
discrimination against his physical disability.

The Legion, in its response, said it had numerous discussions with 
Starnes about his using marijuana on its premises. It had asked him 
to refrain from doing so pending further advice the Legion sought 
from the RCMP and Health Canada.

During the July 1 altercation "Starnes assumed an aggressive stance 
and police were called," the Legion said.

The Legion said it filed an internal complaint after the incident and 
Starnes declined to attend the Legion hearing of the complaint on 
Aug. 11 last year, when Starnes' membership was suspended for six months.

The Legion filed an application to dismiss Starnes' complaint without 
a hearing before the B. C. Human Rights Tribunal.

The Legion asserted that the Marijuana for Medical Purposes 
Regulations, which allow those who have a Health Canada exemption to 
possess medical marijuana, do not provide a right to smoke pot in public.

The Legion argued that smoking pot on its property is not a service 
customarily provided to its members. Starnes says that he is entitled 
to use marijuana in any regulated smoking area.

"This assertion would require evidence to define the service in 
issue," Tribunal chair Bernd Walter said in a ruling on May 5, when 
Walter denied the Legion's application to dismiss the complaint, 
while making no findings on the merits of the complaint.

He urged the parties to try to sort out the matter before going to a 
tribunal hearing.

"I recommend the parties engage in assertive efforts to resolve this 
complaint without resorting to a protracted evidentiary hearing. The 
Tribunal is prepared to assist in such efforts," Walter said in his decision.
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MAP posted-by: Jay Bergstrom