cannabisnews.com: Ottawa To Appeal Marijuana Ruling





Ottawa To Appeal Marijuana Ruling
Posted by CN Staff on February 11, 2003 at 07:44:28 PT
By Brian Laghi
Source: Globe and Mail
Ottawa -- The federal government will go to court to save its muddled marijuana laws even as it is promising to liberalize them.Health Canada moved yesterday to appeal an Ontario court decision from earlier this month that strikes down Ottawa's refusal to release a cache of pot grown in a Manitoba mine for medicinal use.
At the same time, however, Justice Minister Martin Cauchon has said he plans to bring in legislation this spring that will decriminalize the drug.Lawyers trying to get the cannabis released said the government appears to be in chaos on the issue."It's very schizophrenic," said Alan Young, a Toronto lawyer defending patients who want access to the drug. "They're trying to sustain a litigation strategy to support the law while at the same time a political strategy that brings it into question. They're two contradictory policies."He said that the government is wasting time and money, but that eventually, the laws will be liberalized."Marijuana prohibition from its very beginning was a waste of money and what you're seeing now is that last bit of squandering. It's ridiculous."However, Health spokesman Ryan Baker said the department wants to ensure that the courts have the opportunity to rule on the case. It will be heard in the Ontario Court of Appeal.The latest development has its roots in a case brought by a man with epilepsy that forced government to liberalize the availability of pot to those suffering from ailments. The courts, at the time, ruled that Canada's possession law was discriminatory because it unfairly punished those who needed the drug for medical purposes.The ruling led to a decision by then health minister Allan Rock to order that pot be grown at an abandoned Manitoba mine to be distributed for medicinal uses. The move would have allowed the offence of possession to stay on the books.However, Mr. Rock's successor, Anne McLellan, has refused to distribute the drug, a decision that was struck down this month by the Ontario Superior Court. The court ruled that it is wrong to make the drug legal for sick Canadians and then not provide a legal supply.Ms. McLellan, who visited The Globe and Mail editorial board yesterday morning, said plans are under way to use the government-sanctioned marijuana growing in Manitoba for "open" clinical trials.People exempt to the country's laws would agree to be monitored by researchers running these trials, she said.The government has become confident only recently that the cannabis grown under contract by Prairie Plant Systems is of a quality consistent enough to be used in medical trials, she said. Source: Globe and Mail (Canada)Author:  Brian Laghi Published: Tuesday, February 11, 2003 – Print Edition, Page A5Copyright: 2003 The Globe and Mail CompanyContact: letters globeandmail.caWebsite: http://www.globeandmail.com/Related Articles & Web Sites:Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmPot Ruling Appeal Expectedhttp://cannabisnews.com/news/thread15436.shtmlQuebec Judge Calls Halt To Medicinal Pot Trialhttp://cannabisnews.com/news/thread15018.shtmlPrairies Go To Pot - December 2000 http://cannabisnews.com/news/thread8092.shtml
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Comment #3 posted by FoM on February 11, 2003 at 15:09:21 PT
AlvinCool
You know something? I have no idea what this article means. I know why the world has so many lawyers. We need lawyers to figure out what articles like this mean and more lawyers to figure out what those lawyers are trying to say! It drives me a bit crazy! LOL!
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Comment #2 posted by AlvinCool on February 11, 2003 at 14:55:37 PT
Interesting
Am I reading this wrong or does this article say that Canada has rejected the regurgitated THC sprayed ragweed from NIDA and has decided to use their own marijuana?THIS IS TERIFFIC NEWS! This means that for the first time Americans get to see tests conducted with actual cannabis not a lame substitute. Good news indeed!John Walters is peeing his pants for sure. Someone get a specimen cup.
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Comment #1 posted by Sam Adams on February 11, 2003 at 09:46:56 PT
Thank you sir, may I have another?
It seems like the "Crown" just keeps asking to get beaten down by the Courts. From what I've read, it looks like this court could rule even more harshly againts the Feds than it already has! Last time it gave them 1 year, and the feds didn't do anything! It could declare the MJ laws invalid TODAY.
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