cannabisnews.com: AIDS Patient Fights for Pot! 





AIDS Patient Fights for Pot! 
Posted by FoM on March 03, 1999 at 05:29:33 PT
But he fears that court battle may be concluding 
Anxious and in failing health from AIDS, James Wakeford feels his chances of getting the federal government to allow him to use marijuana have just about gone up in smoke. 
Six months ago, a Toronto judge suggested Wakeford apply to Health Minister Allan Rock for an exemption from being prosecuted for possessing marijuana for medical reasons, an option available under federal drug laws. But after writing eight times to Rock and his officials, the 54-year-old still doesn't have an answer. So Wakeford has returned to court, asking that a judge order Ottawa to not only let him smoke marijuana, but to supply him with the drug he says stimulates his appetite and reduces the side effects caused by his medications, such as weakness and nausea. ``The government is a black hole,'' Wakeford said in an interview this week. ``It's my position that they have no intention of helping me without a court order - and that's what I intend to get.'' Wakeford originally turned to the Ontario Court, general division last summer. He became the first Canadian to launch a civil lawsuit against the federal government for the right to use marijuana for medical purposes. Although people with epilepsy and multiple sclerosis have made similar requests, they were made while defending themselves against criminal charges. ``Mine was a pre-emptive strike,'' said Wakeford, who was admitted to hospital twice last year for extreme weight loss, a near-fatal liver failure and hepatitis contracted through an intravenous feeding line. ``I've never been charged.'' He's tried using Marinol, a medication that contains synthetic THC, the active ingredient in marijuana, but it only made him sicker, he said. At the hearing last summer, Mr. Justice Harry LaForme ruled that Wakeford's constitutional rights to liberty and security of the person were, on the face of it, violated by the Controlled Drugs and Substances Act, which prohibits marijuana use. `Mine was a pre-emptive strike. I've never been charged.' - James Wakeford But LaForme went on to conclude that the act didn't undermine the principles of fundamental justice, because ministerial exemptions were available and Wakeford had yet to apply for one. ``Mr. Wakeford's terminal illness, its dreadful and painful effects on him physically and emotionally, and his desire to treat himself effectively and in a manner that allows him relief and dignity, surely qualify as rights,'' the judge said in his ruling. ``His choice (to use marijuana) harms no one.'' Wakeford's lawyer, Osgoode Hall law professor Alan Young, sent the first of several letters to Rock on Sept. 14, applying for the exemption and reminding him that ``AIDS is a fatal illness and Mr. Wakeford does not have the luxury of waiting indefinitely for a response.'' On Nov. 5, Rock wrote to Wakeford, saying he sympathized with him. And on Nov. 18, Rock sent a letter to Young, acknowledging receipt of the request. Justice department officials were giving it ``careful attention,'' Rock said. When nothing further was heard by Dec. 17, Young sent a final letter, concluding any exemption written into the act was meaningless, and went back to court. During a brief hearing in Toronto last week, Mr. Justice Archie Campbell suggested the case be sent back to LaForme for consideration. No court date has been set. Wakeford, a former executive director of the Casey House Foundation, said a court order forcing Ottawa to give him the exemption could help others who have made similar applications. Young says there have been 12 such applications. Carole Bouchard, assistant director of the health department's bureau of drug surveillance, said she couldn't discuss Wakeford's case because it is before the courts. http://www2.thestar.com/thestar/editorial/news/990303NEW08_CI-WAKEFORD3.html
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Comment #1 posted by tim wakeford on March 08, 2000 at 01:40:14 PT:
pot
well done, stand up to the government. Do not lie down with this one and do not let them make you live yuor life in pain.
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