MAN WANTS GOV'T GUARANTEE ON POT

Court Asked To Supply Marijuana To Aids Patient

The Toronto AIDS patient who won the right to smoke pot for medical
reasons is going back to court to demand that the federal government
give him a safe, regular supply of the drug.

In a constitutional challenge unveiled Thursday, Jim Wakeford will
also demand that his caregivers be made immune from prosecution when
they find marijuana for him. Police have already charged two of his
helpers with possession.

``He can use it, he can cultivate it. But how he gets it is his
business,'' said Allan Young, Wakeford's lawyer.

``What we're saying is that's not the proper approach for sick people.
The government has said it's going to grow (marijuana) here in Canada,
but it could take six months to 12 months to set up. What's he to do
in the interim?''

Health Minister Allan Rock granted Wakeford and 19 other patients an
exemption from drug laws last June after an earlier court challenge
under the Charter of Rights and Freedoms.

But the Toronto man said Thursday he's still having trouble getting
his hands on the narcotic, which helps alleviate nausea and appetite
loss brought on by his AIDS medication.

He said he tried to grow it himself. Buying it on the street costs up
to $400 a month for product that is of unknown quality and puts
caregivers who procure it for him at risk, Wakeford said.

``I'm fighting for survival, so I put people in that position. But I
hate doing that. It's been very difficult.''

His application, slated to be heard March 17, asks the Ontario
Superior Court to order the government to provide him with a safe
supply of marijuana now. By refusing to do so, the government is
violating his rights to life and security of the person under the
charter, the document says.

It also asks that his caregivers get an exemption from criminal
charges too.

Derek Kent, a spokesperson for Rock, said the department is aware of
concerns about caregivers obtaining marijuana. ``We're already
committed to looking at this important question and we want to see how
we can help.''

The department is planning a meeting with scientists, patient groups,
doctors and government officials to discuss the whole issue of
exempting patients and caregivers from the marijuana possession laws,
he said. The government is also working on developing a
government-controlled, domestic supply of marijuana.