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News (Media Awareness Project) - CN ON: Court Rejects Complaint Over Marijuana
Title:CN ON: Court Rejects Complaint Over Marijuana
Published On:2002-01-18
Source:Globe and Mail (Canada)
Fetched On:2008-01-24 23:45:57
COURT REJECTS COMPLAINT OVER MARIJUANA

An AIDS victim who mounted a high-profile legal attack on the federal
government's program to supply medicinal marijuana failed yesterday to win
the support of the Ontario Court of Appeal.

The court rejected James Wakeford's contention that the Department of
Health program comes nowhere near meeting the medical needs of sufferers
who require a regular supply of uncontaminated marijuana.

Mr. Wakeford asked for Health Canada to be told to provide him with a safe
and affordable supply of the drug.

The judges also said there were important defects in the procedure Mr.
Wakeford followed to get his case before the courts.

"The appellant has not yet demonstrated that the regulations, as applied to
him, have an adverse impact upon his liberty or security of the person,"
the court said.

A lawyer for Mr. Wakeford, Alan Young, said yesterday he was very
disappointed that the appeal court decided the case on technical grounds
and without considering recent evidence he produced.

"We had compelling, new evidence that the regulatory regime is completely
unworkable," Mr. Young said. "My understanding is that Jim is extremely
intent on appealing this decision."

Mr. Wakeford was diagnosed with AIDS in 1989. He takes 12 different
medications and a total of 26 drug doses a day.

In 1999, Health Canada gave him an exemption from drug laws, allowing him
to possess and cultivate marijuana.
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