FIX MARIJUANA LAW OR IT DIES, JUDGES ORDER PARLIAMENT

MPs given a year to clarify rules on medicinal use

National Post, with files from Southam News and The Canadian Press The
Ontario Court of Appeal yesterday ruled that a law prohibiting possession of
marijuana is unconstitutional and gave Parliament one year to amend it.

"The whole [marijuana] law is tainted by the failure of Parliament to have
meaningful process whereby people can use the illicit substance as
medicine," said Alan Young, a professor of law at Osgoode Hall in Toronto
who has represented clients who want to use marijuana medicinally.

"If [Parliament] doesn't amend the law and rectify the problem ... everyone
will be entitled to smoke marijuana legally within the next 12 months," he
said.

In the meantime, however, possession of marijuana in Canada remains illegal,
and the law is still in effect.

The ruling was part of a decision that a lower court's decision that has
allowed an epileptic Toronto man to smoke pot for the past three years.

Terry Parker, 44, said marijuana has virtually eliminated the 15 to 80
weekly seizures he suffered for about 40 years as a symptom of his illness.

Justices Marvin Catzman, Louise Charron and Marc Rosenberg concluded that
the blanket legislative prohibition against possession of marijuana deprived
Mr. Parker of his rights under Section 7 of the Canadian Charter of Rights
and Freedoms.

"He was deprived of the right to security of the person and his right to
liberty in a manner that does not accord with the principles of fundamental
justice," the judges wrote.

The judges declared the prohibition on the possession of marijuana in the
Controlled Drugs and Substances Act to be of "no force and effect" and
called it invalid.

However, because they believe marijuana legislation is a matter for
Parliament, and striking it down would "leave a gap in the regulatory
scheme," the justices suspended their declaration of invalidity for one
year.

Although the judgment applies only in Ontario, the province's court of
appeal is one of the most influential in the country and will likely have
weight in other superior courts.

Mr. Parker will now be allowed to grow and smoke marijuana, without legal
reprisal. He grows four plants and smokes three to four joints per day.

"I'm ecstatic. I was sitting home worried, but this is wonderful news," Mr.
Parker said. "Of course, there are still hurdles because this will probably
be appealed."

On the heels of a lower court victory by Mr. Parker, Allan Rock, the Health
Minister, granted exemptions in October, 1999, to 14 Canadians who suffer a
range of illnesses, including AIDS and multiple sclerosis. Hundreds more are
now requesting medical use of the drug.

The decision is an "enormous victory" for the medicinal marijuana movement,
which maintains pot can ease nausea and stimulate appetites in people who
suffer from symptoms of epilepsy, multiple sclerosis, AIDS, and other
diseases, said Aaron Harnett, Mr. Parker's lawyer.

A spokeswoman for the Department of Justice said yesterday that the decision
was being reviewed.

The government has 30 days to decide whether it will appeal the decision.

Meanwhile, an aide to Jim Flaherty, the Ontario Attorney-General, said the
province does not relish the prospect of being left without a law.

It is the "hope and expectation" that Ontario "is not left in the lurch,"
said Bronwen Evans.