FEDS TO ASK COURT TO THROW OUT MARIJUANA CASE

Ontario Restaurant Owner Says No to Medicinal Pot Outside His
Joint

Federal government lawyers are to ask a judge today to throw out the
case of an Ontario restaurant owner who wants one of his former
customers stripped of his right to smoke medical marijuana.

This is the latest manoeuvre in the legal battle between Ted Kindos,
owner of Gator Ted's Tap and Grill, in Burlington, and ex-patron Steve
Gibson.

The restaurant owner is facing a human rights complaint for asking
Gibson not to light up a joint outside his business.

Kindos is looking for the Federal Court to declare that people with a
permit to smoke medicinal marijuana cannot do so in a public place or
any licensed establishment.

He also wants the court to order Health Canada not to renew his former
patron's permit, arguing Gibson has not complied with its terms of
use.

Gibson contends in his human rights complaint that he's being
discriminated against because he has a disability.

Kindos argues he could lose his liquor licence if he allows Gibson to
smoke or hold the controlled substance inside or in front of his restaurant.

In court documents, federal government lawyers said they are seeking
to dismiss the case, arguing there is no dispute that requires
adjudication because Health Canada does not purport to authorize
permit holders to smoke marijuana in violation of any applicable law
or in an establishment subject to Ontario's liquor laws.

The regulations are "completely silent" on when and where Gibson is
authorized to use marijuana for medical reasons, and there is no
evidence he disregarded the terms of his permit in any way, according
to the documents.

In addition, they argue Kindos lacks the standing to challenge
Gibson's permit renewal and that the regulations do not authorize
Health Canada to refuse renewal of a permit on the basis an applicant
has "flagrantly disregarded its terms."

But Kindos's lawyer, Gary Graham, argued in court documents that the
medical marijuana regulations do allow Health Canada to refuse to
renew a permit if any information, statement or other item in the
renewal application is false or misleading.

He said compliance with the regulations also includes following an
information document issued to permit holders advising that controlled
substances should not be consumed in public places or in contravention
of other federal or provincial laws.

"Gibson clearly was not in compliance" with the terms of his permit
because he was using marijuana at the restaurant contrary to
provincial law that prohibits controlled substances where alcohol is
served, according to Graham's court submissions.