cannabisnews.com: No Charter Right to Medical Pot, Feds Argue No Charter Right to Medical Pot, Feds Argue Posted by CN Staff on October 18, 2002 at 13:34:58 PT From The Canadian Press Source: Toronto Star The right to smoke marijuana for medicinal reasons is no more enshrined in the Charter of Rights than the right to smoke crack cocaine, lawyers for the federal government argued today. Yet that's the legal logic of a group of chronically ill Canadians who are in court to challenge the rules governing Ottawa's medical pot program, said federal lawyer Lara Speirs. Their argument "dilutes" the guarantee in Section 7 of the Charter to life, liberty and security of the person "to the point of absurdity," Speirs told Superior Court Justice Sydney Lederman. "Taken to its logical conclusion, one could argue that Section 7 guarantees the right of a person to smoke crack cocaine" or engage in other dangerous or otherwise foolhardy behaviour. Ottawa "strenuously opposes" that argument, she added. "To say that the Charter protects foolhardy decisions is simply absurd." The applicants consist of a group of people who suffer from various medical conditions ranging from AIDS and hepatitis C to epilepsy and multiple sclerosis. They want the court to strike down as unconstitutional a regulatory scheme governing access to medicinal pot that they consider a "cruel hoax," as well as the law that makes possession a criminal offence. They are also demanding access to Ottawa's stash, grown under high security conditions deep in an abandoned Manitoba copper mine under a $5.7-million contract. Federal Health Minister Anne McLellan has so far refused to allow the marijuana to be distributed because she says it simply isn't pure enough. Health Canada is not in the business of distributing medication, nor should it be, Speirs argued. The regulations allow permit holders to obtain marijuana from a licenced grower, or to become licenced to grow it themselves, Speirs said. The applicants have argued that the restrictions on growers - which include having to submit to warrantless searches, including a search of private computer records - are too severe. Four members of the principal group of applicants are licenced under Ottawa's Medicinal Marijuana Access Regulations to possess the drug, while the other three are not. Those who don't have possession permits have merely demonstrated a preference to treat their symptoms with marijuana, not a medical need as stipulated in the regulations. But Lederman appeared unconvinced. "Is it sufficient that it's a reasonable choice to alleviate the symptoms associated with certain illnesses?" he asked. "What does `medically necessary' mean here?" Whatever the answer is, the applicants without permits don't meet it, replied Speirs. "Whatever label you want to use, this theshold is far higher than a mere preference," she said. "That, Your Honour, is all the applicants have demonstrated." An eighth applicant, Terry Parker, has already been given a green light to possess marijuana by the Ontario Court of Appeal in order to treat symptoms of epilepsy. But Parker hasn't even bothered to apply for a possession permit, said Frankel, and therefore has no standing on which to appeal for the regulations to be struck down. Nor does the precedent set by the appeals court in Parker's case apply to the others, Frankel continued. For instance, while Parker has already proven in court that synthetic pot substitutes don't work for him, few of the other applicants without permits have even tried them. Indeed, none of the applicants without permits should have sanctioned access to marijuana because they either have existing medical conditions, refuse to use traditional prescription drugs or have a pre-existing drug problem, Frankel said. Note: Ottawa "strenuously opposes" argument, lawyers say. Source: Toronto Star (CN ON)Published: October 18, 2002Copyright: 2002 The Toronto Star Contact: lettertoed thestar.com Website: http://www.thestar.com/ Related Articles & Web Site:Canadian Linkshttp://freedomtoexhale.com/can.htmOttawa Shelves Medicinal Pothttp://cannabisnews.com/news/thread13807.shtmlAiling Canadians To Sue for Promised Pothttp://cannabisnews.com/news/thread12915.shtml Home Comment Email Register Recent Comments Help Comment #5 posted by FoM on October 18, 2002 at 19:04:32 PT Thanks hempcanadian I really appreciate your update. It sure is a roller coaster ride down here. Good luck to you! You must win! [ Post Comment ] Comment #4 posted by hempcanadian on October 18, 2002 at 18:30:18 PT: Court today The Federal Government Lawyers were scrambling today to defend their ignorant and uncompassionate position. Often shooting themselves in the foot with statements like "medical marijuana was addictive" and " that if the judge sides with me and the others in the lawsuit would result in putting a dangerous drug like pot into the hands of small children" and " Cazy stuff indeed. Also saying that myself and others had not tried every pharmaceutical drug ever made and that the use of pot was our choice and preference but not really medically needed. They attacked myself and others in the lawsuit with a vengance. But they looked and sounded desperate. The judge was/seemed to be on our side. They also deemed the medical use of pot akin to wanting medical crack cocaine! Harmful and dangerous and unknown harmful effects from pot use could result! Our Lawyers countered maintaining focus on the real issues of supply, having an exemption one can only fill by breaking the law to fill it, and that since we are under scrutiny for arrest our charter rights are infringed The judge has resereved his decision Next court day went unannounced but when ever it is-we should all have the outcome-I hope! In the meantime everybody Chin up We might win this one yet? regards herbman The Hemp Canadian [ Post Comment ] Comment #3 posted by DdC on October 18, 2002 at 16:07:41 PT We Shouldn't get lost in the shuffle... How many violent deaths or injuries occur from people buying Pharmaceuticals or Booze on the streets? How many booze peddlers are on the street? Prohibition and WoD killed those kids in the fire...Having Fed Liars twisting it to blame druggies, that would and should never have the opportunity to control what anyone uses, is the reason, and it's caused by prohibition. As many hideous acts that occur in the drug using community the vast majority are from it being illegal. Adulterations or overdose are caused by prohibition. Spreading disease from sharing needles does not happen in clinics. Consistancy is not a problem for Pharmacy's. Only street dope and the violence it brings. When cannabis sells for the price of crack, maybe people will switch to the less harmful cannabis product. How many horrible deaths occur from nuclear waste, pesticides or legal drugs, never making the headlines? The bottom line is, they lie, cannabis is good, prohibition is deadly and very profitible...As it was for Al Capone, so is it today.Peace, Love and Liberty or the Viscious D.E.A.th!...DdCThe Real Drug Lords http://www.cia.com.au/serendipity/cia/blum1.htmlCannabis quotes http://pub3.ezboard.com/fendingcannabisprohibitionstuff.showMessage?topicID=51.topicBayer Heroin http://www.cannabinoid.com/wwwboard/politics/binaries/30/30029.gifCocaine Toothache Drops http://www.druglibrary.org/schaffer/cocaine/coke1.GIFCannabis Extract is made today the same way as before, oil, fat or alcohol, so no problem with smoking. http://www.cannabinoid.com/boards/politics/media/33/33517.gifLaudenum was the favorite of the Womans Temperence League http://www.cannabinoid.com/wwwboard/politics/binaries/30/30030.jpgEden Hashish http://www.cannabinoid.com/wwwboard/politics/binaries/31/31918.jpg [ Post Comment ] Comment #2 posted by FoM on October 18, 2002 at 14:10:42 PT The GCW I saw this story on the news on TV today. It really is sad. Legalization of all drugs would help but unless we look at what causes the problems in the inner cities it would only solve a portion of the problem. Unless poverty is addressed and good jobs made available then some other illegal way of making money would have to take the place of selling drugs. We all need to eat everyday. We all need a place to live. We all need medical care when we are sick. Children need good schools so they can reach their potential. Until we fix these problems drugs being illegal is many poor folks only income. It is almost like the peasant farmers situation in Colombia. [ Post Comment ] Comment #1 posted by The GCW on October 18, 2002 at 13:47:16 PT Sadly - off the subject. US MD: Fire Kills 6 Mother Had Angered Drug Dealers http://www.mapinc.org/drugnews/v02/n1941/a09.html?397 I'm all for Re-legalizing cannabis. I can see even legalizing all drugs, although like Robert Sharpe once said, I'm really not a heroin kind of guy...I am agianst violence! Most all of Us here, are!But I am totally against any sort of this disgraceful violence. I never ever want to be a part of this, crap!This violence from the story above, is an example of violence that would seldome ever occur if drugs were legal.This angers Me! [ Post Comment ] Post Comment