Source: Toronto Star 
Contact:  
Pubdate: December 12, 1997
Author: Catherine Dunphy, Toronto Star Staff Reporter

JUDGEMENT HAILED AS `MAJOR STEP FORWARD'

But lawyer warns there's still no full immunity from prosecution

The president of an organization fighting to legalize marijuana is euphoric
over a judge's decision giving a Toronto man the right to use the drug to
treat his epilepsy.

``This is a major step forward,'' Umberto Iorfida, of the National
Organization for the Reform of Marijuana Laws in Canada, said yesterday.

The landmark decision was handed down Wednesday by Judge Patrick Sheppard,
who stayed charges of cultivation and possession laid by police in July of
last year against Terry Parker

But the woman who is next in line to fight in court for the right to use
marijuana as medical treatment says she is still discouraged.

``This victory is only for Terry Parker,'' said Lynn Harichy, a 36yearold
mother of four. Harichy, who has multiple sclerosis, is due to appear in a
London, Ont., courtroom April 27 to face a charge of possession of a banned
substance.

``There are still a lot of people out there suffering; marijuana should be
available to anyone unless they are addicted.''

Harichy, a community college student on leave until her court case is
heard, said she needs marijuana, along with her prescription medication to
control both the pain and symptoms of multiple sclerosis.

She acknowledged her case has been boosted by Sheppard's ruling deeming
parts of the Controlled Drug and Substance Act as unconstitutional and
stating that Parker's rights were violated under the Canadian Charter of
Rights and Freedom.

``Of course I'm going to win my case,'' Harichy said. ``But I never started
this for it just to be about me.''

Her lawyer also sounded a note of caution yesterday.

``Anyone who reads that judgment and says this is absolute immunity (from
prosecution) is in for a big surprise,'' said Osgoode law professor Alan
Young.

But he said Sheppard's verdict was valuable because it was an ``icebreaker.''

``This decision will create a comfort zone for judges (to rule) without
being branded as a maverick or a rebel, although legally the decision
doesn't affect the law. Laws don't change until they reach the Ontario
Court of Appeal or the Supreme Court of Canada,'' he said.

Sheppard is a provincial division judge.

Young said several critical cases similar to Parker's are scheduled to be
heard in courtrooms across the country within the next two years.

One is being launched next month by AIDS activist Jim Wakeford who is
filing a suit calling for a court declaration permitting people with AIDS
to possess and consume marijuana, if recommended by a doctor.

He is also calling on the court to order the government of Canada to supply
the marijuana which is currently grown on Ottawa's experimental farm.

Wakeford said he's used marijuana daily since 1995, when he experienced a
sudden drop in weight and a reaction to the drug he was taken to combat his
AIDS symptoms.

``It increases my appetite, combats nausea and some of the affects of all
the chemicals I have to take now,'' he said. ``I consider it to be an
essential part of my regime.''

He's launching his suit because ``I don't know how much time I have.

``I'm nervous and scared and I don't want to get busted.''