AIDS VICTIM BACK IN COURT

An AIDS sufferer who was told by a Toronto judge to seek a federal
exemption from prosecution for possessing marijuana for medical
reasons wants his case re-opened.

When Mr. Justice Harry LaForme told James Wakeford to apply for the
exemption, an option available under federal drug laws, he did not
realize it applies only to pharmaceuticals, not plant products,
Osgoode Hall law professor Alan Young told the Ontario court, general
division yesterday.

LaForme's decision was based on incomplete information, Young argued
before the judge. Last summer, Wakeford launched a civil lawsuit
against Ottawa for the right to use marijuana for medical purposes.

LaForme ruled that Wakeford's constitutional rights were, on the face
of it, violated by the Controlled Drugs and Substances Act, but went
on to conclude that the act didn't undermine the principles of
fundamental justice, because Wakeford had yet to apply for a
ministerial exemption.

Crown counsel Kevin Wilson argued there are no grounds to reopen the
case. Young said he has written repeatedly to Health Minister Allan
Rock and that there was no provision for applicants asking for an
exemption for marijuana.

LaForme said he would like some evidence to be called before he
decides whether there are grounds to reopen the case. No new hearing
date was set.