A TORTUOUS REPLY TO A DYING MAN'S REQUEST

8 Bureaucrats, 2 Months

It took eight bureaucrats more than two months to draft and send a
four-paragraph acknowledgement to a terminally ill man who was seeking
urgent special attention. And even then, the letter may be wrong.

The unusual glimpse into the inner workings of government was heard in
an Ontario courtroom yesterday.

The Byzantine path of the letter -- including misdirected mail, minor
revisions, multiple approvals, and drafts sent to several departments
- -- was traced in court documents filed in a case that is itself
unusual: A man dying of AIDS has applied for permission to legally
smoke marijuana to ease his nausea.

The apparent government bumbling would be humourous if the
ramifications were not so serious, said Jim Wakeford, the man at the
centre of the case.

"It makes me profoundly sad. This is killing me."

The letter -- signed by Allan Rock, the Health Minister -- says Mr.
Wakeford's case will be given "careful attention" and "a reasonable
turnaround time."

Mr. Wakeford's application was filed Sept. 14, 1998, to Mr. Rock's
attention. It was sent in error to the ministry's Legal Services Unit,
according to a court document.

It then made its way to Carole Bouchard, associate director of the
Bureau of Drug Surveillance, a division of Health Canada, on Sept. 23.
Ms. Bouchard drafted an acknowledgement of receipt for the minister to
sign and on Oct. 5 sent it to L.B. Rowsell, director of the bureau,
who reviewed it and the next day sent it to Dann Michols,
director-general of the Therapeutic Products Directorate.

Mr. Michols and Dr. Joseph Losos, assistant deputy minister, Health
Protection Branch, reviewed the draft and sent it to the branch's
Briefing and Correspondence Unit on Oct. 9. The draft next went to the
Department Secretariat Division on Oct. 13 and was sent back to the
Bureau of Drug Surveillance on Nov. 5 for minor revisions. The new
version was sent back to Mr. Michols that same day. The revised draft
"went through a similar process" before forwarding to Mr. Rock's office.

The letter was printed on Minister of Health letterhead, dated Nov.
18, 1998, and signed by Mr. Rock.

Justice Harry LaForme, of the Ontario Court, general division, who is
hearing Mr. Wakeford's case, mused: "The wheels of government move
slowly."

"What took so long?" Alan Young, Mr. Wakeford's lawyer, asked Ms.
Bouchard, in the witness box to explain Health Canada's position.

"It is the normal procedure," she replied.

Mr. Wakeford is the first of about 20 applicants seeking permission
from the minister of health to use marijuana under Section 56 of the
Controlled Drugs and Substances Act. The applicants suffer from
ailments, including Multiple Sclerosis and AIDS, whose symptoms some
doctors say are alleviated by marijuana. None has received a reply
from the ministry.

Last year, Mr. Wakeford asked the court to strike down Canada's drug
laws, saying his constitutional right to life was infringed by the
criminalization of marijuana. Judge LaForme dismissed the case because
of the special exemption allowed under the never-before-used Section
56. But Mr. Wakeford says there is no process in place to deal with
his application and it is sitting in bureaucratic limbo.

Mr. Young wants an interim constitutional exemption preventing police
prosecution of Mr. Wakeford until the issue is dealt with by the
government or the courts. Justice LaForme said he would rule on the
case shortly.

TERMINAL PAPER CHASE:

JIM WAKEFORD

(Terminally ill AIDS patient)

Applies for help under the Controlled Drug and Substances
Act.

Sept. 14: Sends letter to . . .

ALLAN ROCK

(Minister of Health)

Who forwards the letter to . . .

LEGAL SERVICES UNIT

Sept. 23: They forward to . . .

CAROLE BOUCHARD

(Associate director of the Bureau of Drug Surveillance, Health
Canada)

Oct 5: Who writes draft for acknowledgement of receipt, sends it to .
. .

L.B. ROWSELL

(Director of the Bureau of Drug Surveillance)

Oct. 6: Reviews the draft, then forwards it to . .