Dateline: 08/06/00
Court Says Marijuana Laws Unconstitutional
The Ontario Court of Appeals has ruled that the Canadian Controlled Drugs and Substances Act is unconstitutional, and violates the Canadian Charter of Rights and Freedoms by forcing an Ontario man "to choose between his health and imprisonment."
The respondent in the case is Terrance Parker, who has had severe epilepsy since childhood. After traditional methods failed, he found that marijuana significantly reduced his seizures, and since he did not have access to a legal source of marijuana, he grew his own. He was charged with possession of marijuana.
Gives Parliament a Year for Medical Marijuana Law
The judgment in R. v. Parker (July 31, 2000) declares the prohibition on the possession of marijuana in the Act "to be of no force and effect", but suspends that declaration for a year to give Parliament time to amend the federal legislation to comply with the Charter.
In effect, the ruling says that unless the federal government puts a law in place within the next year that allows people to use marijuana for legitimate medical needs, then it will no longer be a crime to smoke or grow marijuana in Ontario. That would clearly put pressure on other jurisdictions in Canada.
There has been no official response from either the federal Minister of Health or Canada's Justice Minister to the Ontario Court ruling.
As the law stands now, Canadians who need marijuana for medical reasons can apply to the federal Minister of Health for an exemption to the Controlled Drugs and Substances Act, under Section 56. Only about 50 exemptions for marijuana use have been granted so far.
