AIDS PATIENT FIGHTS FOR POT

But he fears that court battle may be concluding

Anxious and in failing health from AIDS, James Wakeford feels his chances
of getting the federal government to allow him to use marijuana have just
about gone up in smoke.

Six months ago, a Toronto judge suggested Wakeford apply to Health Minister
Allan Rock for an exemption from being prosecuted for possessing marijuana
for medical reasons, an option available under federal drug laws.

But after writing eight times to Rock and his officials, the 54-year-old
still doesn't have an answer.

So Wakeford has returned to court, asking that a judge order Ottawa to not
only let him smoke marijuana, but to supply him with the drug he says
stimulates his appetite and reduces the side effects caused by his
medications, such as weakness and nausea.

``The government is a black hole,'' Wakeford said in an interview this
week. ``It's my position that they have no intention of helping me without
a court order - and that's what I intend to get.''

Wakeford originally turned to the Ontario Court, general division last summer.

He became the first Canadian to launch a civil lawsuit against the federal
government for the right to use marijuana for medical purposes.

Although people with epilepsy and multiple sclerosis have made similar
requests, they were made while defending themselves against criminal charges.

``Mine was a pre-emptive strike,'' said Wakeford, who was admitted to
hospital twice last year for extreme weight loss, a near-fatal liver
failure and hepatitis contracted through an intravenous feeding line.
``I've never been charged.''

He's tried using Marinol, a medication that contains synthetic THC, the
active ingredient in marijuana, but it only made him sicker, he said.

At the hearing last summer, Mr. Justice Harry LaForme ruled that Wakeford's
constitutional rights to liberty and security of the person were, on the
face of it, violated by the Controlled Drugs and Substances Act, which
prohibits marijuana use.

But LaForme went on to conclude that the act didn't undermine the
principles of fundamental justice, because ministerial exemptions were
available and Wakeford had yet to apply for one.

``Mr. Wakeford's terminal illness, its dreadful and painful effects on him
physically and emotionally, and his desire to treat himself effectively and
in a manner that allows him relief and dignity, surely qualify as rights,''
the judge said in his ruling. ``His choice (to use marijuana) harms no one.''

Wakeford's lawyer, Osgoode Hall law professor Alan Young, sent the first of
several letters to Rock on Sept. 14, applying for the exemption and
reminding him that ``AIDS is a fatal illness and Mr. Wakeford does not have
the luxury of waiting indefinitely for a response.''

On Nov. 5, Rock wrote to Wakeford, saying he sympathized with him.

And on Nov. 18, Rock sent a letter to Young, acknowledging receipt of the
request. Justice department officials were giving it ``careful attention,''
Rock said.

When nothing further was heard by Dec. 17, Young sent a final letter,
concluding any exemption written into the act was meaningless, and went
back to court.

During a brief hearing in Toronto last week, Mr. Justice Archie Campbell
suggested the case be sent back to LaForme for consideration.

No court date has been set.

Wakeford, a former executive director of the Casey House Foundation, said a
court order forcing Ottawa to give him the exemption could help others who
have made similar applications.

Young says there have been 12 such applications.

Carole Bouchard, assistant director of the health department's bureau of
drug surveillance, said she couldn't discuss Wakeford's case because it is
before the courts.