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. The decision can be found at: www.ontariocourts.on.ca/decisions/2000/july/parker.htm
