RAIDS SPUR LAWSUIT

MS Sufferer, Partner Suing RCMP Over Licensed Medical Marijuana
Grow-Op Bust

A Sooke couple has launched a lawsuit in B.C. Supreme Court against
the RCMP, the B.C. solicitorgeneral and Health Canada, alleging a
medical marijuana grow-op licensed by Health Canada was twice raided
without a warrant by Sooke RCMP.

Carlos (Cam) Cavaco, 49, a former Mountie, is now severely debilitated
by progressive multiple sclerosis. His partner, 47-year-old Marnie
O'Neil, is his sole caregiver and suffers from fibromyalgia, causing
her long-term pain throughout her body.

Cavaco was among the first 200 people issued licences by Health Canada
to grow medical marijuana, O'Neil said.

The lawsuit, launched Wednesday, "shows that despite 10 years of a
federal government medical marijuana program, there is still
tremendous suffering among the patient population because of both
problems with the program in terms of its administration as well as
its regulatory structure," said the couple's lawyer, Abbotsford-based
Kirk Tousaw.

He suggests police need better training and understanding of the value
of medical marijuana "and how it brings tremendous benefit to the
lives of people like Mr. Cavaco and Ms. O'Neil."

The couple, who have been together for 18 years, moved to Sooke from
Ontario six years ago for the warmer climate and to reduce stress,
said O'Neil. They have two dogs, one a trained service dog, and three
cats.

"My job every day is to help find reasons for him to wake up every day
and say 'You know what? My body is [in bad shape] but I'm getting up
and doing it every day.' And he does it every day."

They allege Health Canada "bullied" their physicians and "provided
irresponsible guidelines and left gaps in their program that put
patients in legal limbo."

Cavaco had a short but eventful career with the RCMP from February
1985 to August 1988, stationed in North Vancouver. He was in a
collision that resulted in the death of a motorcyclist, said O'Neil.
In July 1988, Cavaco was stabbed by a man, whom Cavaco then shot. The
man died in hospital. Cavaco left the force the following month.

He was diagnosed with MS in 2000 but had shown symptoms for years
before, O'Neil said.

Cavaco relies on a powered wheelchair to get around. He suffers from
incontinence and is blind in one eye. His hands are curling up, and
O'Neil has to cut his food for him, bathe him and get him out of bed
each day.

MS has scarred Cavaco's brain and spine to the point where he is
impaired cognitively and has trouble speaking.

"Medical marijuana is something that makes a difference," said
O'Neil.

Cavaco also suffers from spasms that cause his legs to cross and curl
up toward his back, O'Neil said. "But marijuana keeps [his legs]
quiet. It does the things that all those other pharmaceuticals don't
do, with no side effects," she added.

"As people should know, stress is one of the worst things for people
with chronic and terminal illnesses. This was two raids in a matter of
six months."

O'Neil calls Cavaco "an amazing man and I feel blessed to have him in
my life, but it's been horrific to watch what's happened."

The suit claims unspecified damages for negligent investigation,
assault, false imprisonment, invasion of privacy, infliction of
nervous shock and loss of reputation.

Calls to Sooke RCMP and Health Canada were not returned Thursday. The
allegations put forth in the lawsuit have not been proven in court.