RESTAURATEUR URGES OTTAWA TO CLARIFY HAZY MARIJUANA LAW

TORONTO - A restaurant owner facing a discrimination complaint for
asking a medical marijuana smoker not to light up outside his business
says Ottawa needs to clarify its regulations governing where
authorized permit holders can smoke.

Ted Kindos, owner of Gator Ted's Tap and Grill in Burlington, says he
will ask the Federal Court to require Health Canada to expressly
condition any medical marijuana permits upon compliance with
provincial liquor licensing laws.

The court challenge comes as the Ontario Human Rights Tribunal set
aside eight days for hearings this summer to determine whether Mr.
Kindos discriminated against Steve Gibson when he asked him not to
smoke marijuana outside his restaurant.

"We're really looking to the court for assistance," said Mr. Kindos'
lawyer, Gary Graham.

Mr. Graham said he and his client were hoping to resolve "the tension
between the liquor laws that apply to Mr. Kindos, which he is
obligated to comply with, and the rights granted to the holder of a
permit for the medicinal use of marijuana."

Mr. Gibson's case is one of three dealing with medical marijuana
working its way through the human rights complaints process in Ontario.

Two other men have filed complaints against the province claiming its
liquor laws -- prohibiting controlled substances where alcohol is
served -- are discriminatory and should be amended.

Attempts to negotiate a resolution to the dispute between Mr. Kindos
and Mr. Gibson fell apart last spring after Mr. Kindos refused to sign
a settlement requiring, among other things, he pay Mr. Gibson $2,000
and post a sign out front alerting patrons his establishment
accommodated customers with medical marijuana exemptions.

Mr. Kindos said he could lose his liquor licence if he agrees to allow
his former patron to smoke or hold the controlled substance in or out
front of his restaurant.

Mr. Gibson said he is being treated differently because he has a
disability.

The dispute is venturing into uncharted legal waters because there has
not been a case addressing where the 2,800 Canadians with medical
marijuana exemptions are allowed to smoke.

How and where a licensed patient uses marijuana is not governed by
federal regulations but permit holders are expected to use common
sense, according to the federal government.

Smoking in public and potentially exposing others to the drug's
effects is "unacceptable," according to Health Canada.

In submissions to the Ontario Human Rights Tribunal, lawyers for the
province said creating an exception to the liquor laws would leave
staff and other patrons vulnerable to the risks and harm caused by
contact with marijuana.

Moreover, the province argued the federal government is clear that
medical marijuana is not to be smoked in public where the rights of
others must also be considered.

In November, the tribunal declined to order Mr. Gibson's case and that
of Marko Ivancicevic, the third man to file a complaint alleging
discrimination, to be heard together.

Barbara Hall, chief commissioner of the Ontario Human Rights
Commission, said there is a duty to accommodate people with
disabilities.

"This is about the need to balance between the legal and medical
rights of one person to smoke marijuana legally because of health
issues and the rights of others impacted by that," she said.

Amateur comedian Russell Barth said permit holders are not asking for
special rights, only the right to smoke marijuana where others use
tobacco. He said he filed his complaint against the Ontario government
after a club where he was performing told him he could not smoke
marijuana outside on the patio.

Mr. Barth said he wants the province to recognize his requirement to
take his medication -- just as an asthmatic would use an inhaler.

His case is set to go to mediation this month.