Constitutional Challenge of Canada's Medical Cannabis Program
Contact: Philippe Lucas, tel: 250-884-9821, E: [email protected] or Kirk Tousaw, tel: 604-836-1420, E: [email protected]
In May of 2004, the Vancouver Island Therapeutic Cannabis Research Institute (VITCRI), a research and cultivation facility overseen by the Vancouver Island Compassion Society, was raided by the West Shore RCMP. Mat Beren and Michael Swallow were charged with multiple counts of cannabis production, and over 900 plants were seized and destroyed, temporarily leaving the critically and chronically ill members of the VICS without a safe source of medicine.
The ensuing court case and Constitutional challenge - which is taking place from May 9th-18th in B.C. Supreme Court, 850 Burdett Avenue - will establish that the federal medical cannabis program is violating the constitutional rights of critically and chronically ill Canadians by a) unnecessarily restricting access to the program; b) supplying an inadequate source of cannabis; and c) instituting arbitrary limitations on production and distribution.
"This ineffective, onerous and expensive program has long been an impediment to safe access" says Philippe Lucas, a medical cannabis user and founder of the VICS, "and clearly isn't protecting Canada's sickest citizens from arrest for their use of medical cannabis". The VICS legal team consists of Mr. John Conroy QC from Abbotsford, BC, and Mr. Kirk Tousaw. Witnesses for the defense include Senator Pierre-Claude Nolin (chair of the Senate Special Committee on Illegal Drugs), Dr. Robert Melamede (Biology professor at the University of Colorado, Colorado Springs). "We look forward to challenging the constitutionality of these regulations and demonstrating to the court that Health Canada is not meeting its obligations to Canada's critically and chronically ill", says Mr. Tousaw.
If successful, this challenge will make the legal medical use of cannabis more accessible, and potentially legalize the community-based distribution of cannabis. A similar challenge in Ontario from 2003 resulted with the courts striking down the prohibition on the recreational adult use of cannabis in Ontario, thereby legalizing the personal use of cannabis for over 18 months. This case may lead to a similar outcome in B.C.
DRCNet bumper sticker on a car at the SF marijuana march
I'll be writing this week about the Global Marijuana Marches that were set to take place in 232 cities Saturday. I drove into San Francisco for the event there, and I've gathered some initial reports from around the globe. Look for a full run-down in the Chronicle on Friday.
Saturday was glorious in San Francisco, with sunny skies and temperatures in the 70s. San Francisco's version of the global marijuana march, Cannabis Awareness Day, was at City Hall plaza, where rows of vendors and exhibitors bracketed the crowd and local bands blasted rock, surf, pop, and rhythm & blues at the crowd.
The San Francisco event was long on music, short on rhetoricâ"We've heard all that pot talk before," said one organizer from the stageâand extremely mellow. What pot politics there was came around making too much money off the dispensaries, with some speakers warning that the greedy would be weeded out. Jack Herer held court in one tent as star-struck fans sought autographs and pictures. There was lots of open pot-smoking, and not a policeman in sight all afternoon. It was like a lovely afternoon in the community park.
Things weren't so mellow in Eastern Europe. In
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