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InvisibleCyclohexylamine
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Registered: 09/08/10
Posts: 14,327
[ CAN ] Ottawa appeals marijuana ruling
    #14321560 - 04/20/11 04:30 AM (12 years, 9 months ago)

Ottawa appeals marijuana ruling
thestar.com

Ottawa is appealing an Ontario court ruling that, if left to stand, could make the possession of marijuana legal in the province.

The Public Prosecution Office of Canada announced Tuesday that it has filed a notice of appeal with Ontario’s top court in respect to Justice Donald Taliano’s April 11 ruling.

The appeal states that Taliano made critical errors in law by declaring the federal medical marijuana program unconstitutional.

Taliano ordered that Ottawa fix the program by July or face the prospect of effectively legalizing marijuana.

The judge’s decision came in a criminal case involving Matthew Mernagh, 37, of St. Catharines, who was unable to obtain a medical marijuana licence.

Mernagh’s lawyer, Paul Lewin, has said that he’s confident the decision will be upheld by the Ontario Court of Appeal.

Mernagh, who suffers from fibromyalgia, scoliosis, seizures and depression, began to grow his own pot and was eventually charged with producing the drug.

In a ruling released last week, Taliano says sick people cannot get access to medical marijuana through appropriate means and must resort to illegal actions such as growing their own supply.

As a result, ill people who should be able to get the drugs are branded as criminals, the decision said.

The St. Catharines justice declared the program to be invalid, as well as the laws prohibiting possession and production of cannabis, since they can be used to criminally charge medical users unable to get the drugs through legal avenues.

Taliano found that doctors across the country widely ignored Health Canada’s medical marijuana program and refused to sign off on forms that allow sick people to legally obtain cannabis.

Mernagh has been granted an exemption that allows him to smoke and grow cannabis.


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Offlinesporophight
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Registered: 06/02/10
Posts: 252
Loc: Canada Flag
Last seen: 6 years, 3 months
Re: [ CAN ] Ottawa appeals marijuana ruling [Re: Cyclohexylamine]
    #14321841 - 04/20/11 07:52 AM (12 years, 9 months ago)

A step in the right direction. I'm not getting my hopes up though. Gotta love Canada(for the most part)!!!:heart:


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Offlineshivas.wisdom
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Registered: 02/19/09
Posts: 13,434
Loc: Turtle Island
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Re: [ CAN ] Ottawa appeals marijuana ruling [Re: sporophight]
    #14322111 - 04/20/11 09:29 AM (12 years, 9 months ago)

It took them nearly seven months (instead of the gov'ts professed 'maximum of two') to give me a phone call saying my doctor made a slight error in filling out her part of my application, and so I would have to reapply.

I got my doctors recommendation to smoke marijuana nearly a year ago. I still do not have federal recognition of my medical patient status, and I don't see it happening in the foreseeable future.

Fuck Ottawa trying to say 'It works. :shrug:' because it don't.

I believe they have already had an appeal refused, I am hopeful will be rejected again.


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Offlinebatman returns
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Registered: 09/12/09
Posts: 213
Last seen: 8 years, 3 months
Re: [ CAN ] Ottawa appeals marijuana ruling [Re: shivas.wisdom]
    #14322228 - 04/20/11 09:58 AM (12 years, 9 months ago)

Here's hoping... I'd move back tomorrow.


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