FEDS TOLD TO TESTIFY IN POT USE HEARING

An Ontario judge has ordered a Health Canada official to testify as to when
the federal government plans to decide whether an AIDS sufferer can legally
use marijuana.

Jim Wakeford, 54, was in an Ontario court Friday asking that his case
against the federal government to allow him to use marijuana to control the
side-effects of his AIDS medication be re-heard.

The initial lawsuit was launched in February 1998, with Wakeford arguing
that banning the use of marijuana violated the Charter of Rights and
Freedoms, but Justice Harry Laforme rejected that argument in September.

Laforme said Wakeford could apply for a formal exemption from prosecution
for using marijuana on grounds of medical use without going through the
courts under section 56 of the Controlled Drugs and Substances Act.

However, Wakeford says that did not work and was back in court Friday
before Laforme.

Wakeford's lawyer, Alan Young, said he has written six letters to the
Department of Health since the fall asking for exemptions for Wakeford. He
has received only one reply that stated the department was looking into the
`extraordinary request.'

`Seven months with only one letter saying that they were looking into it
isn't acceptable,' Young told Laforme.

The exemption is used usually for synthetic drugs, not plants, says Young,
and he doesn't think the government has a set rule for this type of request.

Two weeks ago Health Minister Allan Rock announced plans to conduct
clinical trials to see if marijuana can reduce pain in terminally ill
patients.

Young says this proves the government is nowhere near having a plan on what
to do with people such as Wakeford.

`A dying man seeking a medicine that could help him live with some dignity
shouldn't have to wait for the government to develop a plan.'

Young wants the case reopened on the basis that Laforme was misled into
believing the federal government might be willing to assist Wakeford.

LaForme said Friday he could not decide whether to reopen the case until he
knew for certain if the government would help Wakeford or not. He ordered
an official from Health Canada to travel to Toronto to testify.