REGULATE PUBLIC USE OF MEDICAL MARIJUANA: HALTON MP

Garth Turner pleased with health minister's reply to recent letter

Halton's Member of Parliament has convinced Canada's health minister
to re-examine the use of medical marijuana in public places following
recent news reports of a Burlington bar owner being taken to the
Human Rights Tribunal of Ontario by a former patron.

Garth Turner, Liberal MP for the riding of Halton, which includes
parts of north Burlington and Oakville, told the Post last Thursday
he received a response to a Feb. 11 letter he sent to federal health
minister Tony Clement.

"Under the current regulations there are no limits on where the
medical practitioner can utilize the prescribed (marijuana)
medication, an oversight which has led to unfortunate consequences in
my riding and, I am sure, in other jurisdictions of Canada," Turner
wrote, in his letter to Clement.

"This is a matter that must be addressed, as it affects the health of
Canadians who have no wish to be exposed to marijuana, or second-hand smoke.

"Numerous jurisdictions around the world have legalized medical
marijuana and many of them have also regulated where it can be used.
It is time for Canada to follow their example and implement crystal
clear and enforceable restrictions on the use of medical marijuana in
public spaces," Turner's letter concluded.

The MP said he is siding with Ted Kindos, the longtime owner of Gator
Ted's restaurant/bar on Guelph Line. Kindos is awaiting a Human
Rights Tribunal of Ontario hearing in May, following failed Ontario
Human Rights Commission mediation talks in the wake of claims of
discrimination by former longtime customer Steve Gibson.

Gibson, 42, a local resident who has a federal licence to smoke
medical marijuana for a job-related neck injury in 1989, believes he
was unfairly treated by Kindos three years ago when he was first
asked to stay further away from the bar's entrance than regular
cigarette smokers, and later told by Kindos not to smoke his legal
pot anywhere near the Gator Ted's property.

Kindos, 42, counters that bar patrons had complained about the marijuana smoke.

Gibson contends that he should have been able to light up his legal
weed and stand in the same area where tobacco smokers congregate,
which he says is often within 10 feet of the bar's entrance. He has
said he's never asked or demanded to be allowed to smoke inside Gator
Ted's and that he is not seeking such treatment through his human rights case.

Kindos told the Post on Friday that he tries to keep cigarette
smokers at least 10 feet away from the front of his business. He
earlier told the Post that he eventually asked Gibson to stay at
least 100 feet from the bar when he smokes his marijuana.

The City of Burlington banned all smoking in restaurants in January
2006, in advance of a similar provincial ban that took effect in May
2006. The Gibson-Kindos showdown outside the restaurant occurred in May 2005.

The press secretary for Tony Clement sent the Post an e-mail response
Thursday afternoon, when asked if the health minister had received a
letter from Turner seeking action by his office on the general issue
of medical marijuana use in public places.

"Yes, we agree, marijuana smoke contains a large number of chemicals
which can be very damaging to human health. A recent New Zealand
study indicated one marijuana cigarette could do as much damage as a
pack of 20 tobacco cigarettes," said Laryssa Waler, on behalf of Clement.

"We also agree that individuals who do not smoke licensed marijuana
should not be exposed to the harmful effects of the smoke. We are
willing to explore ways in which we can protect Canadians from
exposure to marijuana smoke."

Turner is ecstatic with the minister's quick response.

"It looks like the government's initial reaction is that they agree
(with me) so that's a very positive development.

"I'm not sure this will help the restaurant guy (Kindos) in the
immediate short-term with his human rights case, but it might. His
lawyer might be able to even use this information to prove that the
government that drafted the law says it's faulty. I think it's great
news and definitely in the future it should help us avoid this kind
of a situation."

Turner said he has talked to Kindos once and Kindos's lawyer a couple
of times to receive background information about the human rights case.

"We're working together and seeing if we can get some damn common
sense in government. One of the first things we did was find out if
there is a bylaw in Burlington related to smoking outside and there
isn't, so this is a completely grey area," said Turner.

"The point is, nobody should be exposed to second-hand smoke. The bar
owner has got to have some assurance that some guy's not going to
come into his bar under the influence of drugs as that endangers his
liquor licence. That's why we need restrictions on this federal law.
If he (Gibson) has to do it (smoke marijuana) in a private place,
then that's not going to be a sidewalk," he added.

Turner said that if Clement stalls on making changes to the
Controlled Drugs and Substances Act, which regulates marijuana use,
he will introduce a motion in Parliament asking for a limit on the
use of medical marijuana "to private residences and other designated
locations."

Kindos told the Post he appreciates the support he's getting from
Turner and the general public. He has said that the legal bills he
faces may put his bar on the brink of bankruptcy. "The support has
been unbelievable. Since (Feb. 8) we've been averaging about 100-200
e-mails a day."

Kindos said he's even had several medical marijuana users come into
the bar to say they advocate only smoking their legal pot in private locations.

Gibson could not be reached for comment on Turner's efforts on behalf
of Kindos.