BAR OWNER, ONTARIO SQUARE OFF IN MEDICAL POT DISPUTE

Man's Right to Smoke Pot Jeopardizes Bar Owner's Liquor Licence

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, Ont. bar.

Ted Kindos, owner of Gator Ted's Tap and Grill accuses 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," 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."

Gibson, who has been authorized by Ottawa to smoke marijuana for
medical purposes to alleviate pain from a neck injury, brought the
complaint to the OHRC three years ago.

He alleges 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 Kindos, Gibson and the
commission agreed to negotiate a settlement. Kindos says he now has
no choice but to continue arguing his case before the tribunal
because having to break the law to accommodate 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."

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.