T
The420Guy
Guest
August 3, 2000
Ontario High Court Calls Canadian Marijuana Law Unconstitutional
Gives Parliament A Year To Change Law Or Marijuana Will Be Legal
Toronto, Ontario: The Ontario Court of Appeals this Monday called
Canada's prohibition of marijuana "unconstitutional" and said if
Parliament does not amend the law to allow for medical use within a year,
marijuana possession for all Ontario residents will be legal.
The appeals court ruled that Canadian law fails to recognize that
marijuana can be used as a medicine for patients with chronic illnesses.
The case involves Terrence Parker, a patient who suffers from
debilitating epileptic seizures, and was charged with marijuana
possession under the Controlled Drugs and Substances Act. Under the act,
it is illegal to possess or cultivate marijuana unless patients are
granted exemptions by Canada's health minister. The appeals court
suggested Parliament write into the law a nationwide medical marijuana
exception.
Judge Marc Rosenberg, J.A., in the decision wrote, "I have concluded
that the trial judge was right in finding that Parker needs marijuana to
control the symptoms of his epilepsy. I have also concluded that the
prohibition on the cultivation and possession of marijuana is
unconstitutional...I have concluded that forcing Parker to choose between
his health and imprisonment violates his right to liberty and security of
the person. I have also found that these violations of Parker's rights do
not accord with the principles of fundamental justice."
Rosenberg ruled that Parker, for his medical use, will be exempt from
Canada's marijuana laws while Parliament attempts to rewrite the laws.
"This decision will open doors across the country for sick Canadians who
need cannabis to help alleviate symptoms such as nausea and vomiting,"
said Parker's lawyer Aaron Harnett.
For more information, please contact Keith Stroup, NORML Executive
Director at (202) 483-5500.
Ontario High Court Calls Canadian Marijuana Law Unconstitutional
Gives Parliament A Year To Change Law Or Marijuana Will Be Legal
Toronto, Ontario: The Ontario Court of Appeals this Monday called
Canada's prohibition of marijuana "unconstitutional" and said if
Parliament does not amend the law to allow for medical use within a year,
marijuana possession for all Ontario residents will be legal.
The appeals court ruled that Canadian law fails to recognize that
marijuana can be used as a medicine for patients with chronic illnesses.
The case involves Terrence Parker, a patient who suffers from
debilitating epileptic seizures, and was charged with marijuana
possession under the Controlled Drugs and Substances Act. Under the act,
it is illegal to possess or cultivate marijuana unless patients are
granted exemptions by Canada's health minister. The appeals court
suggested Parliament write into the law a nationwide medical marijuana
exception.
Judge Marc Rosenberg, J.A., in the decision wrote, "I have concluded
that the trial judge was right in finding that Parker needs marijuana to
control the symptoms of his epilepsy. I have also concluded that the
prohibition on the cultivation and possession of marijuana is
unconstitutional...I have concluded that forcing Parker to choose between
his health and imprisonment violates his right to liberty and security of
the person. I have also found that these violations of Parker's rights do
not accord with the principles of fundamental justice."
Rosenberg ruled that Parker, for his medical use, will be exempt from
Canada's marijuana laws while Parliament attempts to rewrite the laws.
"This decision will open doors across the country for sick Canadians who
need cannabis to help alleviate symptoms such as nausea and vomiting,"
said Parker's lawyer Aaron Harnett.
For more information, please contact Keith Stroup, NORML Executive
Director at (202) 483-5500.