BAR OWNER REFUSES TO ALLOW PATRON TO LIGHT UP MEDICAL MARIJUANA

Human Rights Body Says Case Is About 'Duty To Accommodate'

TORONTO - A sports bar owner said he risks breaking the law and could
lose his licence if he signs an agreement to settle a complaint at
the Ontario Human Rights Commission to allow a patron to smoke
medical marijuana outside the front door of his Burlington bar.

Ted Kindos, owner of Gator Ted's Tap and Grill, accused the
commission of overstepping its bounds and said he could face
sanctions under provincial liquor laws prohibiting controlled
substances from being consumed where alcohol is served if he agrees
to allow Steve Gibson to light up.

"I have no intentions of signing it," Mr. Kindos said. "I can't take
the chance of having my liquor licence taken away. That is my
livelihood and I don't feel this agreement puts me in a position
where my licence is protected." Mr. Gibson, who has been authorized
by the federal government to smoke marijuana for medical purposes to
alleviate pain from a neck injury, brought the complaint to the human
rights commission three years ago. He alleges Mr. Kindos
discriminated against him by not allowing him to smoke his marijuana
outside the bar and for making no effort to find any solution -- such
as smoking outside the back door.

The dispute was to be heard by the Ontario Human Rights Tribunal in
the spring, but hearings were adjourned after Mr. Kindos, Mr. Gibson
and the commission agreed to negotiate a settlement. Mr. Kindos says
he now has no choice but to continue arguing his case before the
tribunal because having to break the law to accommodate Mr. Gibson is
"not right." Lisa Murray, a spokeswoman for the Alcohol and Gaming
Commission of Ontario, said there are no provisions or exemptions for
the use of medical marijuana in the Liquor Licence Act and any
changes to the law would be under the purview of the legislature.

Bar owners could face a warning, suspension or a revocation of their
licence depending on the circumstances of any infraction, but she
added: "Licensees, because of the way the act is written, could be
concerned (that) someone smoking marijuana outside ... may put them
in breach." In May, an Ottawa man licensed to use marijuana filed a
complaint with the commission after he was told by an employee that
smoking it on the premises of a local comedy club violated provincial
laws. Russell Barth, 39, said he doesn't blame the club owner, but
wants the provincial law banning the use or possession of controlled
substance where alcohol is served amended.

A spokesman for Health Canada said individuals who are authorized to
possess marijuana for medical purposes are required to abide by all
other applicable federal, provincial and municipal legislation, such
as laws restricting smoking in public places.

Although the Marijuana Medical Access Regulations do not specify
where an authorized person can light up, government spokesman
Philippe Laroche said in an e-mail "the authorized person is advised
in an information package not to consume controlled substances in a
public place and not to expose others to any effects related to the
inhalation of secondary smoke." Afroze Edwards, a spokeswoman for the
Ontario Human Rights Commission, said the case was not about
marijuana but the "duty to accommodate" someone who has a disability.
She said the Ontario Human Rights code supercedes all other
legislation, unless there is a specific exemption to exclude it
written into a law.

Greg Dennis, a spokesman for Ontario's Ministry of Government and
Consumer Services, which oversees alcohol licensing in restaurants
and bars, said there are currently no plans to legislate an exemption
to allow licensees to accommodate patrons with federal authorization
to smoke marijuana.

Still, he said the province will meet in the future with the industry
association representing bars and restaurants for "preliminary
discussions" and to share information on the issue.

Osgoode Hall law professor Alan Young said marijuana should not be
considered a controlled substance for the 2,000 Canadians licensed to
smoke it because it is approved for medical use. For most
conventional medicines, he argued, there is very little issue about
when or where a pill is taken or an insulin shot is administered.

"When medical marijuana was approved in Canada, no one really thought
about the when and the where of it because, like all other medicines,
they simply assumed it wouldn't be an issue," Mr. Young said.