ONTARIO COURT
(GENERAL DIVISION)
(SOUTHWEST REGION)

BETWEEN

HER MAJESTY THE QUEEN
Respondent

-and-

CHRISTOPHER CLAY
Applicant

AFFIDAVIT OF NEEV TAPIERO

I, NEEV TAPIERO, of the City of Toronto in the Prnvinee of Ontario, MAKE
OATH AND SAY AS FOLLOWS:

1. I am a 25 year old student at Ryerson Polytechnical University in
Toronto, Ontario. I became interested in the medical use of cannabis sativa
and have been studying the application of marijuana for medicijnl purposes
for the past two years.

2. As a result of my studies, I have been interested in the formation of a
local Buyer's Club in Toronto. A Buyers' Club is a public organization that
supplies people wuth cannabis sativa for diagnosed medical needs. Such a
club has been operating successlully for a number of years in San
Francisco. A buyer's club provides marihuana that is affordable and of a
quality that is both safe and effective for the club's members. in order to
become a member, a letter of diagnosis from a medical doctor and a release
of confidential medical information to confirm the diagnosis is required.
People with recognized ailments such as cancer, multiple sclerosis, spinal
paralysis, glaucoma, arthritis, migraines, and AIDS often qualify for
membership. In order to become a member there are certain rules that must
be followed. Members will often have the amount of cannabis they receive
limited to a daily dosage and are strictly prohibited from trafficking or
sharing their medical cannabis with non-members. Other rules include no
driving after ingestion of the cammbis. The staff is trained to deal with
each patient in a compassionate manner in order to create an atmosphere of
relaxation.

3. Over the past 9 months I have been meeting with The Drug Treatment
Coordinator at the People With AIDS Foundation in Toronto. We have
discussed the viability of a buyer's club in Toronto and the potential
benefit this organization would have for AIDS patients in the Toronto area.

4. Most recently I have endeavoured to discover the Canadian federal
government's a-. position on the medical use of cannabis sativa in order to
determine whether or not a buyer's club could be established in Toronto.
From conversations I have had with several AIDS patients, I learnt that
some AIDS patients have been receiving prescriptions from their physicians
for synthetic THC (the active ingredient in cannabis sativa) which is known
by the trade name, "Marinol". I have been informed and do verily believe
that these patients are dissatisfied with the therapeutic effects of the
synthetic marijuana and, as a result, I initiated correspondence with the
Bureau of Dangerous Drug Surveillance in order to determine if and how,
medical marijuana in a plant form could be legally distributed. On November
18, 1996 I wrote my first letter to Bruce Rowsell, the Director of the
Bureau of Dangerous Drug Surveillance, discussing the medical uses of
cannabis sativa. I inquired into the Ministry of Health's position on the
medical use of cannabis sativa and the process involved in obtaining a
permit to possess and distribute cannabis sativa to people with medical
needs. Attached hereto to this my affidavit as Exhibit "A" is a copy of my
letter of November 18, 1997.

5. Mr. Rowsell responded with a letter dated November 29, 1996. Mr. Rowsell
stated that the distribution of a drug listed in the Narcotics Control Act
is only permitted for a licensed institution to distribute to another
licensed institution such as a hospital. He also stated that no scientific
research had been provided to the Bureau of Dangerous Drugs to indicate
that marihuana effectively treats a medical condition. Hereto to this my
affidavit as Exhibit "B" is a copy of Mr. Rowsell's leiter ofNovember 29,
1996. As a result, I sent a further letter, dated January 20,1997 to Mr.
Rowsell indicating my disagreement with the government's assessment of the
medical value of cannabis sativa. Attached hereto to this my affidavit as
Exhibit "C" is a copy of my letter dated January 20, 1997.

6. In a subsequent letter dated February 4th, 1997, Mr. Rowsell indicated
that Health Canada has not undertaken any scientific studies to determine
the value of cannabis sativa in treating a medical condition. He stated
that such research is conducted by pharmaceutical companies or research
institutions according to acceptable scientific protocol. This protocol was
not defined by Mr. Rowsell. Attached hereto to this my affidavit as Exhibit
"D" is a copy of Mr. Rowsell's letter of February 4, 1997.

7. In a letter dated February 6th, I sent a copy of an article by Dr.
Jerome Kassirer, M.D., in the January 30th, 1997 edition of the New England
Journal of Medicine. This article endorses the medical applications of
cannabis sativa, and as a result of the publication of this article, I
questioned whether the government could maintain its position on the
medicinal use of marihuana. Attached hereto to this my affidavit is a copy
of my letter dated February 6, 1997 with the attached article from the New
England Journal of Medicine.

Sworn before me at the
City of Toronto in the
province of Ontario, this
10th day of March, 1997

Neev Tapiero