POT CASE REVIEW GETS OK

OTTAWA -- The Federal Court won't force Health Canada to provide medicinal
marijuana to a terminally ill man, but it will allow him to pursue a quick
judicial review of the case.

In his ruling released yesterday, Federal Court Justice Max Teitelbaum
refused to compel Health Canada to grant Donald Appleby of Vanier, Ont., a
temporary exemption under Section 56 of the Controlled Drugs and Substance Act.

Section 56 allows the federal health minister to exempt Canadians from
being charged with growing and possessing marijuana for medical use or
research.

While Teitelbaum denied the application, he ordered that it be considered
the first step in an application for judicial review of Health Canada's
original decision.

Appleby should "submit sufficient evidence ... to show urgency and to show
by means of a detailed affidavit from one or more medical doctors why it is
necessary" that he needs marijuana, wrote Teitelbaum.

The judicial review will be handled by another federal court justice.
Teitelbaum's ruling criticized delays in the Appleby file, saying Health
Canada should ensure that such requests "be dealt with expeditiously and in
the matter of a few days, not months as appears to be happening in this case."