JUDGE ALLOWS MEDICAL USE OF MARIJUANA

AIDS patient awaits health ministry ruling on medical treatment

A Toronto man dying of AIDS has won a constitutional exemption from being
prosecuted for using marijuana as medical treatment to relieve symptoms of
his disease.

Saying he was ``personally impressed and comforted'' by the federal
government's action on the medical use of marijuana, Mr. Justice Harry
LaForme granted Jim Wakeford an interim exemption until Health Minister
Allan Rock rules on the case.

``I'm in shock and I'm ecstatic,'' Wakeford, 54, said after yesterday's
landmark ruling by the Ontario Superior Court judge. ``This is a big victory
for a lot of people.''

LaForme had dismissed Wakeford's request for an exemption last fall when
federal lawyers argued the terminally ill man should apply directly to Rock
using a provision of the Controlled Drug and Substances Act.

But the judge decided to reopen the case after hearing new evidence last
week that showed the government had never had an application process.

``They've been hoping that I'd croak along the way and it (the issue) would
go away for a while,'' said Wakeford, who uses marijuana to stimulate his
appetite and combat pain and nausea.

Wakeford dutifully applied to Rock for an exemption after LaForme's ruling
last September, but his request has been in bureaucratic limbo.

Carole Bouchard, a senior health department official, testified last week
that, although his application would be fast-tracked, she couldn't say when
a decision would be made.

Despite the delays - it took the government two months to acknowledge
Wakeford's application - LaForme said there has been progress. An
application process was set up on the eve of last week's hearing.

But LaForme criticized the government for blatant unfairness in demanding
Wakeford identify the source of his marijuana supply in conjunction with his
application.

``Given that there are no legal sources of marijuana in Canada, I would hope
that Mr. Wakeford would not be jeopardizing his application by exercising
his legal right not to answer what I view as an unfair question.''

Wakeford's lawyer, Alan Young, said LaForme's ruling will have implications
for 20 other Canadians with chronic or terminal illnesses who have applied
to Rock for the same type of exemption.

``This exerts tremendous pressure on the government, because I would think
the government would like to have control of this process, rather than have
it thrust on them by a court of law,'' he said.

Derek Kent, a spokesperson for Rock, called the ruling a positive
development that underscores the government's good faith on the issue.

But the federal government is appealing a lower court decision in 1997 to
stay marijuana possession charges against Torontonian Terry Parker, who uses
the drug to cope with epilepsy.

``I have a lot of problems with (claims of) `good faith,' '' said Young. One
example of ``bad faith'' by the government is the Parker appeal, he said.

Another is Bouchard's admission health officials have not spoken with their
counterparts in the justice department about a moratorium on charging people
who smoke pot for medical reasons, Young said.