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Judge
Pubdate: Thu, 13 Mar 2003
Source: Ottawa Citizen (CN ON)
Copyright: 2003 The Ottawa Citizen
Contact: http://www.canada.com/ottawa/ottawacitizen/
Details: http://www.mapinc.org/media/326
Author: Shannon Kari, CanWest News Service
Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada)
Bookmark: http://www.mapinc.org/parker.htm (Parker, Terry)
MEDICAL MARIJUANA APPEAL WEAK: JUDGE
TORONTO -- An Ontario Court of Appeal judge suggested yesterday the federal
government has a "weak" case in its appeal of a Superior Court ruling that
the medical marijuana regulations enacted by Health Canada are
unconstitutional.
During a court hearing to determine a number of procedural issues connected
to the appeal, Justice Michael Moldaver also scolded federal authorities
for apparent stalling tactics.
Superior Court Justice Sidney Lederman gave Health Canada until July to
come up with a plan to provide legal marijuana to people with medical
exemptions that allow them to possess the drug.
The judge sharply criticized the government for requiring individuals with
medical marijuana exemptions "to consort with criminals to access their
constitutional rights."
Government lawyer Chris Leafloor asked for an adjournment on the motion to
stay the Superior Court decision and requested more time to prepare
arguments for the appeal itself. "This is a big, complicated appeal," Mr.
Leafloor said.
"It may be that this isn't so complicated," Judge Moldaver responded. "A
scheme that requires people to go out and buy their medicine illegally is
not something that I think any government would countenance."
"This is a very weak appeal," Judge Moldaver said at another point in the
hearing.
The judge asked Mr. Leafloor to explain Health Canada's position about
providing marijuana to several chronically ill people who successfully
challenged the government regulations. "There are certain people here who
want an answer. When are they going to get their marijuana?" he asked.
"It is not simple. There are various obstacles," said Mr. Leafloor.
Judge Moldaver agreed to adjourn the legal argument about whether to stay
the Superior Court ruling until March 31.
The judge made the ruling conditional on Health Canada granting an
exemption to Terrance Parker to possess marijuana, at least until March 31.
Mr. Parker, an epileptic, successfully challenged the blanket prohibition
on marijuana possession in a ruling by the Ontario Court of Appeal. That
decision led to the new medical marijuana regulations that were ruled
unconstitutional by Judge Lederman.
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