cannabisnews.com: Medical Marijuana Appeal Weak: Judge










  Medical Marijuana Appeal Weak: Judge

Posted by CN Staff on March 13, 2003 at 07:53:26 PT
By Shannon Kari, CanWest News Service  
Source: Ottawa Citizen  

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.Source: Ottawa Citizen (CN ON)Author: Shannon Kari, CanWest News Service Published: Thursday, March 13, 2003Copyright: 2003 The Ottawa CitizenContact: letters thecitizen.southam.caWebsite: http://www.canada.com/ottawa/ottawacitizen/ Related Articles & Web Site:Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmPot Laws Unconstitutional: Lawyerhttp://cannabisnews.com/news/thread15703.shtmlOttawa To Appeal Marijuana Ruling http://cannabisnews.com/news/thread15448.shtmlQuebec Judge Calls Halt To Medicinal Pot Trialhttp://cannabisnews.com/news/thread15018.shtml

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Comment #6 posted by puff_tuff on March 13, 2003 at 10:45:48 PT
Underground Reefer Railway 
http://www.undergroundrailway.ca/Also check out the Pot TV show on the subject: 
http://www.pot-tv.net/archive/shows/pottvshowse-1826.html 
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Comment #5 posted by WolfgangWylde on March 13, 2003 at 10:18:01 PT
The "various obstacles"...
...are simply the Canadian government's need to bow at the feet of its DEA-Land masters. Keep it up, and the Courts will legalize it for them.
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Comment #4 posted by Sam Adams on March 13, 2003 at 10:15:48 PT
da Judge!
Again I can't help but notice how the US is diametrically opposed to Canada.Our federal judges scold little 15-year-old girls as "druggies". They jail people for helping the sick.Canadian judges stand up for human decency. Bravo! What a great country.Just imagine the impact on tourism if Canada OK's licensed coffeeshops. I know I'll spend as much of my travel money there as humanly possible! Go Canada!
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Comment #3 posted by malleus2 on March 13, 2003 at 09:33:51 PT
"Various obstacles". Yeah, he ought to know..
The entire matter of medical cannabis Up North has been one long series of obstacles...fomented by the Labour Government. No doubt to appease President Bush and his rabid coterie.But the people of Canada have found an issue which really sticks in Uncle's overbearing craw. An issue which points squarely at the question of sovereignty...or the lack of it under a Grit controlled Parliament. An issue, that in these times, becomes of paramount importance, not because of the short-term benefits but long term ramifications.M. Chretien and his pals desperately wish for the good ol' days of puppy-like following of the US in everything it does. But with so many of his own citizens against the looming war, he must make some kind of gesture to show his own people that he has slipped the leash. Short of a trade war, the only way he can do it is to choose a 'moral' stance upon which he cannot be assailed. Giving the impression of compassionately acting for the welfare of his own people via MMJ support would be just such a stance. But even for that, the Grits won't budge...so they left it to the courts. Which (pardon the pun) royally hate having been made the last guy in the hot potato game. I expect a monumental slapdown and major tonguelashing to be coming from the courts up there very soon.It's a good thing it's winter; the crows destined for Mr. Chretien's plate are not available for cooking...
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Comment #2 posted by Virgil on March 13, 2003 at 09:22:51 PT
July 9 is the six month mark
Even if cannabis distribution to MMJ patients is implemented, there still is the question before the courts, why are people's freedoms being removed from them because of cannabis.The Charter can be read here- http://laws.justice.gc.ca/en/charter/#garantie According to the first article it is the government that must defend why they take freedom away. Now, what is so dangerous to the public that it can get an individual thrown in jail and his property taken from him. Where is that bit of information. Can you just click your ruby slippers together three times and start chanting "Marijuana is a dangerous drug" and there go your rights?1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
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Comment #1 posted by Ethan Russo MD on March 13, 2003 at 08:15:24 PT:
3 Cheers for Canadian Judges
The judges in Canada are making clear their displeasure and impatience with the government. Prohibition is on the ropes in the Great White North. It's time for the proverbial knockout.
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