Source: Ottawa Citizen
Section: Front Page
Author: Pearce Bannon
Contact: letters@thecitizen.southam.ca

MEDICAL USE OF POT IS LEGAL: COURT UPHOLDS PATIENT'S CHALLENGE OF DRUG LAWS

TORONTO In a landmark legal decision, a judge ruled yesterday that it is
legal to grow and smoke marijuana for medicinal use.

Ontario Justice Patrick Sheppard ruled in favour of Toronto resident Terry
Parker's constitutional challenge to Canada's marijuana laws, saying the
prohibition denies Mr. Parker his right to an effective medicine.

``Mr. Parker stands a daily risk of being deprived of his right to life,
liberty and security,'' said Judge Sheppard in his 26page ruling.

Judge Sheppard said that although Canada's drug laws were written to
protect the health and wellbeing of Canadians, they hurt people such as
Mr. Parker who benefit medically from smoking marijuana.

``Deprivation to (Mr. Parker) arising from a blanket prohibition denying
him possession of marijuana, in the circumstances of this case, does little
or nothing to enhance the state's interest in better health for this
individual member of the community.''

Judge Sheppard stressed several times in his address to the court that any
person granted ``medically approved use'' of marijuana by a doctor would be
exempt from laws that prohibit the possession or growing of marijuana.

For Mr. Parker, who has smoked marijuana daily for the past 20 years to
lessen the severity of his epileptic seizures, Judge Sheppard's ruling was
both a major boost and a lifesaver.

``I believe this is a victory for everybody in Canada, medical users
especially,'' Mr. Parker said outside the courthouse.

The 42yearold Mr. Parker thanked Judge Sheppard for his ``courage'' in
making his ruling and urged judges across Canada to follow Judge Sheppard's
lead.

Aaron Harnett, Mr. Parker's lawyer, said Judge Sheppard's ruling will send
a signal to other judges, the health and justice ministers and Parliament.

``What I would really hope is that this articulate and careful judgment of
His Honour will be read by members of Parliament, the minister of health,
the minister of justice, because ultimately it's going to be in their
court,'' he said.

``Changes should be made by Parliament to ensure this is a nationwide
change to the law,'' he added. ``The road map is in the decision that he
made today. The facts are there, the law is there and now I hope Parliament
takes up the challenge.''

In Washington, Justice Minister Anne McLellan said she would review the
decision when she returns to Ottawa today, but said the ruling would be
part of the governmental assessment currently under way on the issue.

``It's also hypothetical to comment on any possible change to the existing
law; we're not anywhere close to that,'' she told reporters.

``We're going to review the situation. We're obviously going to take into
account various things that have happened in various provinces and
(yesterday's decision) is just one more of those events.''

Promedical marijuana advocates in Ottawa applauded Judge Sheppard's
ruling, but cautioned against excessive enthusiasm.

``I'm extremely pleased with the judgment. The court has shown compassion
where the government has been entirely unwilling to,'' said Eugene Oscapella.

``But it's still a lower court ruling and it doesn't hold weight outside
Ontario. There's still a lot of work to be done, but in the meantime, it's
probably giving a few people a happier Christmas.''

Mr. Oscapella is a founding member of the Canadian Foundation for Drug
Policy, which supports the decriminalization of many drugs. He is also part
of a group of local doctors and lawyers who are working to develop a legal
protocol for providing marijuana to the seriously ill.

That group includes Dr. Don Kilby, who advises one of his patients with
AIDS to use marijuana, and Aubert Martin, a marijuana grower who provides
free or discount marijuana to a small circle of AIDS and cancer sufferers.

``I'm very happy, but people can still get charged, so we still have to
work,'' said Mr. Martin after hearing of the decision.

``I still have to do what I do.''

Judge Sheppard's decision has already made legal waves.

Alan Young, the Osgoode Hall law professor who recently lost a highprofile
constitutional challenge to the marijuana law, said he would cite the
Sheppard decision when he defends Lynn Harichy.

Ms. Harichy, who has multiple sclerosis, challenged the marijuana law by
trying to smoke a joint on the steps of the London police station in
October. She was arrested and charged with possession of a narcotic.

``This judgment isn't a resolution of the issue, but it's clearly a first
step. It provides legitimacy to the claim of the medical necessity of
marijuana consumption,'' said Mr. Young.

``It does not set a precedent but it does have great persuasive value. When
I walk into court with Lynn Harichy, one of the first things I'm going to
say is `What I'm going to present to you has been presented to another
court.' There's no question the door has been opened.''

Mr. Oscapella says the Sheppard decision might have global ramifications.

``This will be significant in other countries. There are drug policy
reformers around the world who are going to watch this,'' Mr. Oscapella said.

``You know, here's Canada, a democratic, supposedly humane, compassionate
country that respects other people's rights and a judge in this country has
said the (drug) law is unconstitutional because it offends the right to
life, liberty and security of the person. That's going to have some effect.''

Judge Sheppard's ruling throws out charges of possession of a narcotic and
cultivating a narcotic stemming from two separate raids on Mr. Parker's
apartment in July 1996 and September 1997.

Noting the $5,000 Mr. Parker spends annually to buy marijuana from street
dealers, Judge Sheppard ordered police to return the three marijuana plants
seized from Mr. Parker's apartment during the 1997 raid.

Crown attorney Kevin Wilson said his office will consider appealing Judge
Sheppard's ruling.

Mr. Parker was found guilty on a third charge of possession of marijuana
for the purpose of trafficking stemming from the 1996 raid.

Judge Sheppard ruled Mr. Parker admitted his guilt when he told an
arresting officer that he gave some of the marijuana he grew to people also
suffering seizures.

Because Mr. Parker was found guilty, police will keep the 71 plants seized
from the 1996 raid.

Judge Sheppard sentenced Mr. Parker to one year's probation. He also warned
Mr. Parker that he can't give away marijuana ``willy nilly'' to anyone who
asks, noting his ruling states the use of medical marijuana is to be
decided between individuals and their doctors.

Mr. Parker has been suffering epileptic seizures since he was four years
old sometimes as many as 14 a day.

During his October trial, the court was told that Mr. Parker discovered in
the early 1980s that by smoking marijuana in addition to using his
prescription medicine he was able to stave off a major attack, but still
suffered smaller, petit mal seizures.

As a result of this discovery, Mr. Parker's physician came to the
conclusion marijuana was medically beneficial for his patient.

The court heard from several marijuana experts who testified to the medical
benefits of smoking marijuana for people suffering from a variety of
ailments including AIDS, epilepsy and the subsequent nausea and vomiting
from cancer treatments.

In 1987, Mr. Parker was found not guilty of simple possession of marijuana
by a Brampton provincial court that accepted his argument of medical
necessity. The Crown appealed, and the acquittal was upheld in 1988 by the
Ontario Court of Appeals.

That decision allowed Mr. Parker to escape punishment, but said nothing
about his right to possess and use the drug. Yesterday's ruling, if upheld,
would guarantee that right.

``This decision looks to the future,'' said Mr. Harnett.

In his written ruling, Judge Sheppard agreed with defence witnesses ``that
the timely smoking of marijuana has a therapeutic effect in the treatment
of'' several maladies, including epileptic seizures, chronic pain, migraine
headaches and muscle spasticity particular to people with multiple sclerosis.

Cynthia Hood, director of community development for the Epilepsy
Association of Metro Toronto, said her organization supports an
individual's choice for treatment of epilepsy, including looking into
alternative or complementing treatments.

She said there are many sufferers of epilepsy like Terry Parker who are
searching for alternative treatments, including using marijuana. But she
added her organization has also heard from epileptics who found marijuana
didn't help them.

Ms. Hood said more epilepsy sufferers would probably use marijuana as part
of their treatment if it were legal.


Source: London Free Press
Author: Philip LeeShanok Sun Media Newspapers
Contact: editor@lfpress.com

MEDICINAL USE OF POT ALLOWED

TORONTO In a landmark ruling that could change federal drug laws, an
Ontario judge approved medicinal marijuana use Wednesday.

Judge Patrick Sheppard stayed charges of cultivation and possession of pot
against a Toronto man after ruling sections of the Controlled Drug and
Substance Act are unconstitutional under the Charter of Rights and Freedoms.

Terry Parker, a 42yearold epileptic, was charged with cultivation,
possession and trafficking after police spotted pot plants on his balcony
in July 1996. He was found guilty of trafficking for admittedly giving pot
to others who also suffered from seizures but plans to appeal.

Sheppard accepted defence lawyer Aaron Harnett's argument that criminal
charges for using pot deprived Parker's right to life, liberty and security
under Section 7 of the charter.

In Parker's case, marijuana is medically necessary since it helps alleviate
his grandmal epileptic seizures.

Thank Judge For His Courage

"I thank the judge for his courage," Parker said. "It will allow a person
in my situation who has epilepsy or cancer or AIDS or HIV or whatever to
use marijuana. It's a victory for everyone in Canada." Parker, a marijuana
user since 1969 and advocate of legalized marijuana, has been fighting the
law since 1976.

It's his third trial on marijuanarelated charges.

Sheppard warned that his judgment isn't meant to undermine Parliament's
jurisdiction.

But he said Parker is not alone in having his Section 7 rights violated and
"the law does not provide for the opportunity for lawful marijuana use in
Canada."

Ontario Attorney General Charles Harnick said he will consult with Crown
lawyers but agreed the issue will not stop here.

"I think it's got federal implications to it . . . and certainly it's
something that has to be decided at that level."

While Harnett expects the Crown to appeal Sheppard's ruling, he said it's
time for Parliament to take up the challenge.

Careful Judgment

"This signal, this articulate and careful judgment should be read by
members of Parliament, the minister of health, and the minister of justice,
because ultimately it going to be in their court," he said.

Paul Burstein, a lawyer on Parker's defence team, agreed. "It's time to
give up on the decadesold stereotyping of marijuana as 'reefer madness,' "
Burstein said.

But a policy adviser with the federal Justice Department said it's too
early for the feds to begin formulating changes to legislation since the
lowercourt ruling will likely be appealed.

But if the decision is upheld, "we'll see then where we want to go," said
Paul SaintDenis.

Parker said he's willing to take the case as far as it will go.

"Hopefully we'll have our say before the Supreme Court."

But Reform health critic Grant Hill said pot smokers claiming medical
benefits shouldn't hold their breath for a new law. "I have looked at the
science and I'm not convinced."


Source: London Free Press
Author: Jane Sims Free Press Reporter
Contact: editor@lfpress.com
Editors note: The Hemp Nation website mentioned below is at:
http://www.hempnation.com/

LONDON CASE CONSIDERED IN DECISION

Former Londoner Chris Clay, convicted of three marijuanarelated charges in
a celebrated case last summer, had the Parker story on his Hemp Nation
Internet site within minutes of Wednesday's court ruling. By afternoon, he
was posting the decision.

Clay, 26, who had sold marijuana seeds and seedlings, moved to Vancouver
after losing his highprofile court challenge of Canada's marijuana laws in
a London court. He said he was "just thrilled" by the latest ruling,
especially since part of it was based on aspects of his own case.

"It turns out the judge made it very clear in my case that if I had a valid
medical reason he would have ruled in my favor," he said. "He went out of
his way to say Parliament should look at this right now and there are valid
reasons to use it.

"The judge in this case referred to Justice (John) McCart's decision," he
said. "He applied a lot of that ruling to the Terry Parker case."

Clay said he expects the ruling to be appealed, possibly right up to the
Supreme Court of Canada. Until it rules on the case or Parliament changes
the laws, the decision is not binding across the country.

But Clay said Parliament may be ready to look at the laws, judging by
Health Minister Allan Rock's recent comments.

The medical decision doesn't change all the laws and penalties surrounding
marijuana use, "but we're certainly making progress," Clay said.

He said he hopes his case will be heard by the Ontario Court of Appeal in
the spring. In Vancouver, he continues to work on his web site and writes
for Cannabis Canada, a magazine edited by former Londoner Marc Emery.

Another London Case Pending

Lynn Harichy, 36, who was arrested in September in front of London police
headquarters when she tried to light up a marijuana cigarette, said the
Parker decision gives her some hope the laws will be changed.

"I think that's great and especially for Terry," said Harichy, who suffers
from multiple sclerosis and says marijuana eases her pain.

"But for other people, we're still suffering out here. It means everybody
will have to take it to court and say we need to use it.

"It's great but it's just so slow, the process . It's not going quick
enough for the ones like me that are suffering."

Harichy was charged with drug possession and is preparing for her case. She
hopes the Parker ruling will spark changes to drug laws.

"All these verdicts are great, but it is going to take many more because it
is up to Parliament to change the laws."


Source: Hamilton Spectator
Section: Front Page
Author: Cassandra Szklarski
Contact: letters@spectator.southam.ca
Note: A similar article by the same author appeared in the Halifax Daily
News ( Contact: letterstoeditor@hfxnews.southam.ca ) with the title Judge's
Ruling Sends Parts Of Pot Law Up In Smoke

POT IS LEGAL, IF YOU'RE SICK:
An Ontario Judge Has Ruled It Is Unconstitutional To Deny A Man Who Has
Epilepsy The Use Of Marijuana For Medicinal Purposes. The Crown Wants The
Exception To Apply Only To This Man.

Parts of Canada's marijuana law are unconstitutional, an Ontario judge said
yesterday in a ruling that puts pressure on Ottawa to reconsider pot for
medicinal use.

Ontario Court (provincial division) Judge Patrick Sheppard ruled that
certain sections of the Controlled Drug and Substance Act are
unconstitutional in cases where marijuana is used for medically approved
purposes.

Sheppard stayed charges of cultivation and possession of marijuana against
Terry Parker, 42, an epileptic charged in July 1996.

Paul Burstein, one of Parker's lawyers, said the ruling sends a strong
message to the federal government.

``It's time to give up on the decadesold stereotyping of marijuana as
reefer madness,'' Burstein said.

``There's now solid evidence that marijuana is not harmful, that it's far
less harmful than cigarettes, alcohol and most other drugs that Parliament
has recognized.

``And now we have a judge saying in a court of law that marijuana also has
recognized medicinal benefits. So Parliament better do something ... fast.''

Parker's illness is best controlled with a combination of prescribed
medication and smoking marijuana, Sheppard said, and depriving him of
marijuana is unconstitutional.

The ruling doesn't mean people with illnesses can now freely smoke up.
Those caught with pot can still be charged and prosecuted because
Sheppard's decision only applies to Ontario provincial court cases, said
Burstein.

But the ruling does open the door for people in other provinces to
challenge the law on the same grounds as Parker, who argued marijuana helps
to control his epileptic seizures.

``Judge Sheppard's decision isn't binding on anyone, but hopefully other
judges will find it to be very persuasive, given it's well reasoned,'' said
Burstein.

The judge said extensions should be made to the federal law for others. But
the Crown wants the ruling to apply to Parker alone.

Burstein said Sheppard convicted Parker of a charge of trafficking in
marijuana because it did not relate to his illness. Sheppard also ordered
police to return 71 pot plants seized from Parker.

Jim Wakeford, an AIDS activist who has been battling for the
decriminalization of marijuana for medicinal purposes, said he was ecstatic
when he heard the news, but he cautioned about the ruling's limitations.

``If it isn't going to help us, all of us (sufferers of) glaucoma,
muscular dystrophy, epilepsy, AIDS, cancer and if it doesn't allow
doctors to prescribe and if it doesn't allow patients to get it legally,
then we've got a long way to go yet.''

Ontario's attorney general and health minister were unwilling to comment on
the ruling and its implications before being fully briefed.

Attorney General Charles Harnick said, however, that any decision on
whether people will be allowed to use the drug to cope with pain should be
left up to Ottawa.

``That's a healthrelated issue,'' he said. ``It's got federal implications.''

Ontario Health Minister Elizabeth Witmer shrugged off suggestions last week
from her federal counterpart, Allan Rock, that people are afraid of the
word marijuana.

``I have never taken marijuana,'' Witmer said. ``And I'm not afraid of the
word marijuana.''

Anne McLellan, Canada's attorney general and justice minister, said from
Washington that the government is studying the decision.

Parker won a landmark ruling 10 years ago when he was acquitted of a
possession charge. The acquittal was upheld by the Ontario Court of Appeal
a year later.

Burstein said Parker's previous victory set a strong precedent for this
ruling. ``Terry Parker has the added benefit of being probably the only
person in Canada ever to have a court recognize his own personal medicinal
need for marijuana.''


Source: Calgary Herald
Section: Front Page
Author: Rick Mofina and Steve Chase, Calgary Herald
Contact: letters@theherald.southam.ca

JUDGE BUTTS OUT POT LAW

Calgarian John Kinsey feels vindicated after an Ontario judge ruled
Wednesday that parts of Canada's marijuana law are unconstitutional when it
comes to using the drug for medicinal purposes.

``Thank God somebody's listening and someone's speaking for those of us who
are in all kinds of pain,'' said Kinsey, convicted in June by a Calgary
judge of growing marijuana for trafficking despite similar arguments.

Although spared jail time, the 53yearold was given a conditional sentence
after testifying he smoked up to 10 joints a day to ease the pain from a
severe back injury.

In the court decision in Toronto, Judge Patrick Sheppard stayed charges of
cultivation and possession of marijuana against Terry Parker, a 42yearold
epileptic charged in July 1996.

In a ruling that intensifies the debate on legalizing marijuana for
medicinal use, Sheppard said depriving Parker of marijuana was
unconstitutional after hearing testimony that his illness was best
controlled with a combination of prescribed medication and smoking marijuana.

Although he convicted Parker of trafficking in marijuana under the
Controlled Drug and Substance Act, he ordered police to return 71 pot
plants seized from Parker saying he needs the marijuana to control
epileptic seizures.

The ruling, which defence lawyer Paul Burstein said sends a strong message
to Ottawa, comes only weeks after federal Justice Minister Anne McLellan
said the issue has to be studied and an Angus Reid poll showed 83 per cent
of respondents supported the legalization of marijuana for medical use.

Although the ruling doesn't mean people with illnesses can freely light up,
it opens the door for users in other provinces to challenge the law.

``I think it's a very interesting ruling . . . it brings into question the
whole health debate and whether this is eventually to be included as a
substance that can be used for medicinal purposes. That debate hasn't
happened,'' said Premier Ralph Klein.

Klein, who repeated an earlier comment that he's tried marijuana before but
didn't like it because it made him ``paranoid,'' has asked Justice Minister
Jon Havelock and Health Minister Halvar Jonson to study the ruling to see
if there are any consequences for Alberta.

Calgary doctor Bill Campbell, who specializes in addiction treatment,
warned against any relaxation of marijuana laws without serious study of
the impact on patients.

``There are narcotics that can help you and narcotics that will kill you,''
said Campbell. He agreed with reviewing the law, but warned about the
assumption that usage would not cause harm to some patients who might
ultimately abuse it, as is the case with alcohol, a legal drug.

Alberta Reform MP Grant Hill, a medical doctor, also expressed concerns. He
fears some people with other agendas may want to use any softening of
marijuana laws to open the door to wider use of other controlled substances.

George Blochert, president of the Alberta Civil Liberties Association, said
he does not advocate people using mindaltering substances. But he said if
there is validity to a claim that medicinal use of marijuana eases pain,
``It seems to me that it would be wrong to prohibit people from using it.''

The Ontario case would have little impact on law enforcement, said Staff
Sgt. Mike Cullen, who heads Calgary's drug unit. ``It's still illegal under
the Controlled Drug and Substance Act.''


Source: Globe and Mail
Author: Kirk Makin
Contact: letters@globeandmail.ca

COURT GIVES POT BACK TO EPILEPTIC

Return Plants, Judge Tells Police

TORONTO A Toronto man suffering from severe epilepsy has a
constitutional right to cultivate, possess and smoke marijuana to alleviate
his symptoms, a judge ruled yesterday.

Judge Patrick Sheppard ordered police to return the marijuana they seized
in 1996 from Terry Parker, a 40yearold who has spent 20 years fighting
marijuana laws.

"It does not accord with fundamental justice to criminalize a person
suffering a serious chronic medical disability for possessing a vitally
helpful substance not legally available to him in Canada," said Judge
Sheppard, of the Ontario Court's Provincial Division.

If applied by other judges, the decision would open the door to sick people
being allowed to use marijuana based on medical advice. Marijuana is
especially useful in controlling nausea and relieving symptoms of glaucoma,
multiple sclerosis and epilepsy.

"My suggestion would be that if a person has a legitimate medical need,
they should go down to the nearest police station with a doctor's letter
and make it known," Mr. Parker's lawyer, Aaron Harnett, said in an interview.

Judge Sheppard stressed that his decision had nothing to do with the
recreational use of marijuana but was based on solid proof that the
substance is an irreplaceable aid to Mr. Parker's health problems.

He said that to deny Mr. Parker the substance would be to interfere with
his right to life, liberty and security of person. Liberty includes the
right of an individual to make decisions of personal importance, the judge
said, and health is surely one of them. "Health is fundamental to the life
and security of each person."

Judge Sheppard said not only is it vital to Mr. Parker that he control his
seizures, but it is in the interest of the community "the same community
who pay his healthcare costs."

He noted that Mr. Parker has been assiduous in seeking medication advice
over the years. Doctors generally believed no medication was as capable of
combatting his frequent seizures as speedily as marijuana taken in
conjunction with pharmaceutical drugs.

The judge added that he is satisfied that marijuana is not addictive, does
not lead to criminal behaviour and rarely leads to an individual's trying
harder drugs.

It is also "relatively harmless" compared with hard drugs, alcohol and
tobacco, Judge Sheppard said. "The general agreement of experts appears to
be that regular moderate use of marijuana causes no physical or
psychological harm to the vast majority of users."

Mr. Parker has been in and out of court since 1977 fighting for the right
to consume marijuana unmolested. He has smoked marijuana on a daily basis
since 1969.

He said yesterday he has been fighting the law for so long it has not sunk
in that he has finally won. "I appreciate the courage of Judge Sheppard and
I hope many judges across the country will follow this decision."

In an affidavit to the court, Mr. Parker said he suffers virtually no
seizures if he smokes marijuana. Without it, he has three to five grand mal
seizures a week and 15 to 80 petit mal seizures.

Mr. Parker has been charged eight or 10 times for marijuana offences. He
has been acquitted twice, and served one jail term of 60 days.

The latest charges were laid July 18, 1996, when police spotted several
three or fourfoot marijuana plants growing on the balcony of Mr. Parker's
Toronto apartment.

A search party seized a total of 57 plants on the balcony and 14 more
plants growing indoors in a hydroponic setup.

The only charge Judge Sheppard convicted Mr. Parker of yesterday was
trafficking. He said he could hardly do otherwise, in view of Mr. Parker's
having told police he gives marijuana to friends who also suffer from
seizures.

Mr. Parker received 12 months on probation for the offence.

"He is a chronic offender," Judge Sheppard said. "Barring a medical
discovery, his need for marijuana will not abate."

Mr. Harnett said the decision leaves the law even more out of kilter. Those
with a legitimate medical condition are now able to use marijuana but are
unable to purchase it, he said.

"I think this will be the impetus to speed the process along in
Parliament," Mr. Harnett said. "It is possible to see that as Canadian
society grows used to seeing loved ones and children using marijuana for
medical necessity, there will be a growing sense of the futility of
continuing to prosecute."

However, Justice Minister Anne McLellan told reporters yesterday the
decision will not push Ottawa to move any faster on a possible overhaul of
the marijuana laws.

"We are obviously going to take into account various things that have taken
place in various provinces," she said. "Today is just one more of those
events."

Mr. Harnett said he expects the Crown to appeal the decision. Currently,
the ruling is considered persuasive but not binding on other judges.

However, Mr. Harnett said he has spoken informally to many Provincial
Division judges in the Toronto area, and yesterday's decision represents a
general opinion.

"They don't see the need to haul smallscale users in to clog up provincial
court and then mete out criminal sanctions," he said.

In his judgment, Judge Sheppard said the Parker case was ideally suited to
the cause of challenging the law. He said Mr. Parker's cultivation of
marijuana was a direct result of his medicinal needs.

"It allowed him to control the quality of the drug smoked, to maximize its
benefit and minimize any risks from an unadulterated product," he said.
"Further, it was an economic necessity for him to grow his own marijuana.
All witnesses agreed that at illicit street prices, the marijuana used by
Mr. Parker would cost approximately $5,000 annually."

If Mr. Parker were to be jailed for breaking the law, the judge said, he
would face genuine harm from his seizures. "A jail cell containing hard
objects, wall and floor would be a most dangerous environment in which to
suffer a seizure," he said. "The anxiety from worrying about such an event
could be a cruel and unusual punishment in itself."