Pubdate: Fri, 24 Apr 2009
Source: Globe and Mail (Canada)
Copyright: 2009 The Canadian Press
Contact: http://www.theglobeandmail.com/feedback/?form=lettersToTheEditorForm
Website: http://www.theglobeandmail.com/
Details: http://www.mapinc.org/media/168
Bookmark: http://www.mapinc.org/mmjcn.htm (Marijuana - Medicinal - Canada)

OTTAWA OUT OF APPEALS IN MEDICINAL MARIJUANA CASE

OTTAWA -- The Supreme Court of Canada will not hear an appeal of a
lower court ruling that effectively loosened Ottawa's control over
access to medicinal marijuana.

The federal government had essentially controlled a monopoly over
medicinal marijuana by concentrating its growth at an underground mine
in Manitoba, and allowing only commercial growers to provide the drug
to one customer at a time. Authorized patients were also allowed to
grow their own supply.

The government had argued that growing its marijuana predominantly at
one source was the only way to provide a safe and sufficient supply,
but ran out of appeals with yesterday's announcement by the Supreme
Court.

"This type of litigation, which was challenging the restrictive nature
of the government program, started in 2002," said lawyer Alan Young,
who was relieved the long legal challenge appeared to be drawing to a
close.

"It's taken seven years for this resolution, and finally Health Canada
has their marching orders. Now it's a question of whether we can
compel this department to actually do what the courts have said they
should do, which is provide compassionate access to people."

In January, 2008, a Federal Court judge declared the government's
Marijuana Medical Access Regulations invalid on the grounds they
violated the Charter rights of patients and their ability to
rightfully access the drug.

The Ontario Court of Appeal had also made a similar ruling previously,
and the federal government unsuccessfully appealed both decisions.

A panel of Federal Court judges said they were concerned that Health
Canada didn't have a good sense of whether patients' needs were being
met by the government's marijuana supply.

Mr. Young said he looks forward to getting more commercial growers
operating legally and helping patients cope with their illnesses.

"Hopefully some very good cultivators will be supplying medicine to
sick people, and Health Canada can then monitor it in a very effective
way. That's what I've been telling them for eight years."
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