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Home : Top Stories : Ontario court strikes down marijuana laws

Ontario court strikes down marijuana laws

Medical marijuana clone plants are shown at Harborside Health Center, a medical marijuana dispensary, in Oakland, Calif., Tuesday, Feb. 1, 2011. (AP Photo/Jeff Chiu) marijuana plants
Medical marijuana clone plants are shown at Harborside Health Center, a medical marijuana dispensary, in Oakland, Calif., Tuesday, Feb. 1, 2011. (AP Photo/Jeff Chiu)

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Date: Wednesday Apr. 13, 2011 1:54 PM ET

An Ontario court has struck down Canada's laws that prohibit the possession and growing of marijuana after ruling that the medical marijuana program is unconstitutional.

Ontario Superior Court Justice Donald Taliano found that the marijuana program is failing to ensure that patients who need the drug can get the necessary approvals. So the St. Catharines, Ont. justice declared the "Marihuana Medical Access Regulations" invalid.

And, because the problems with the program force medical marijuana users to resort to illegal means to obtain their marijuana, Taliano also struck down two sections of the Controlled Drugs and Substances Act that prohibit possession and cultivating marijuana.

He deemed the sections unconstitutional because they can be used to charge medical marijuana users who haven't been able to obtain medical marijuana licences.

"Rather than promote health – the regulations have the opposite effect. Rather than promote effective drug control – the regulations drive the critically ill to the black market," he wrote.

The ruling doesn't immediately make pot possession legal: the judge suspended his ruling for three months, giving Ottawa until July to fix the problems his ruling identified.

The federal government is expected to appeal.

The case was brought by Matthew Mernagh, a 37-year-old St. Catharines man who suffers from several illnesses, including fibromyalgia, seizures and scoliosis.

He says marijuana is the most effective treatment for his pain but has been unable to find a doctor to support his application for a medical marijuana licence. So he resorted to growing his own cannabis and was charged with producing the drug.

Taliano stayed those charges with his ruling.

The court heard that doctors across Canada have effectively boycotted Health Canada's medical marijuana program. The doctors have been refusing to grant the licences because they say they haven't been given enough training about how to prescribe the drug. They also say the government has failed to fund sufficient clinical trials of the drug.

Several other medicinal users of the drug testified they faced similar problems that Mernagh described, and that Health Canada would take months to process their applications.

Comments are now closed for this story

Mr. Obvious
said
0 0

The tax revenue from legalized marijuana would be more then enough to fund the shortfalls of the health care system.


Ali
said
0 0

I am on medicinal marijuana and after going through several bad reactions to medications and even heart problem, my kidneys were shutting down and I was diagnosed with bipolar. I used to be very angry and even got into trouble a lot. Now, I am back to work, I haven’t had any problem with my body part. Even my Kidney doctor is very impressed. I am not saying that Marijuana is the 100% the answer, but in my case I am NOT like before. Unfortunately, the doctors make NO Money if we get marijuana which has very little side effects, but they do make huge money when they prescribe medications especially when they prescribe Oxycontin which is Heroin YES Heroin.
I haven’t had any problem over the past 3 years. I saw a Psychiatrist twice a month and he was even amazed by the outcome and he has reduced the amount of medications I take.



Lindsay
said
0 0

The only thing that's controlled about booze and cigarettes is who makes the money off of them. I don't need statistics to show me that both of the above mentioned drugs have caused more deaths than marajuna, it's just common sense. Sure it should be regulated, but not illegal. Alcohol is one of the most destructive substances out there, and not only is it legal, it's ENCOURAGED! This judge has the right idea.


GKnightBC
said
0 0

All I can say two things: One is that I agree with this assessment that pot is not, in itself, harmful or dangerous. The other is that I hope to God that the cigarette companies don't get their hands on the market for pot, since they WOULD make it harmful and dangerous, and bribe the government to look the other way while they do so!


ConservativeChristian
said
0 0

Jesus said to do unto others as we would have them to do unto us. None of us would want our child thrown in jail with the sexual predators for using a little marijuana. None of us would want to see our parent's home confiscated and sold by the police for growing a couple of marijuana plants to ease the aches and pains of growing older. It's time to stop putting our own families in jail. It's time to let ordinary people grow a little marijuana in their own back yards and put the criminal drug gangs out of business for good! Also, check out http://www.northpoint.org/ if you’d like to see some more very positive material about Jesus at work in people’s lives.


Retired in Burlington
said
0 0

Pot does not cure any disease. It has no healing powers what so ever. People get so stoned they can't feel anything and I can't see how this is a good thing. Go to a pain clinic, get medical attention. If smoking tobacco is harmful to your health how can smoking weed be any better.


Z-Rho
said
0 0

Finally, someone with the guts to say what anyone with a clue is thinking. The government needs to put a system in place similar to the Netherlands where marijuana use is controlled and regulated.

To the person who said earlier that legalizing marijuana for personal or medical use will create more problems with guns on the street, that is ridiculous. The government could easily make it illegal to grow or traffic large amounts of marijuana but still put in place a system which allows users to legally obtain it through licensed sellers or grow a small amount for personal use.

And t the man who said he was afraid of the second hand smoke interfering with his family, who said anyone would be able to smoke a joint anywhere they please...make it the same as cigarettes, no public places, only in the privacy of a person's home or something similar.


Fred S
said
0 0

Those who deny the cancer link, schizophrenia link, addiction, changed brain function, and so on, are simply in denial. Checking the latest peer reviewed research should confirm this. And don't go by pot supporters, since they simply try to minimize the facts. And if checking the research out isn't enough, just ask front line mental health care workers. It's as obvious as the nose on your face.


EEPS
said
0 0

I think this is great.The lines need more clear definitions as the potential to improve the quality of life really is there. And to echo many -- pot really doesn't do near the damage that alcohol and tobacco does. Even if you factor in Marijuana related accidents. The numbers just don't add up and prohibition works against human nature.




John ( again )
said
0 0

Of course they don't want to legalize it, heck all those pharmaceutical companies won't make money of us poor lab rats.

It all comes down to money- the pharmaceutical companies tried and failed to create a pill form of marijuana where they could profit from it. As it stands now, they lose money every time a doctor fills out a prescription for medical marijuana instead of pain medications. It's competition. You know who the largest contributors are to the Partnership for a Drug-Free America are? Used to be the alcohol, tobacco, and pharmaceutical companies, until it came out in the press, at which point they stopped taking money from alcohol and tobacco companies, but continue to take money from pharmaceutical companies.


Meltdown
said
0 0

Unfortunately it won't happen if we get a Conservative government since they back big business and this may cut into the pharmaceutical company's profits. Plus who will they throw into their new jails. I am a law abiding citizen all for one thing, I really do fear one of those cells have my name on it. Vote Conservative and maybe we can be cell mates.


The Big Cee
said
0 0

I live in Sask. and I would like to see the right wing political parties change their stance on this issue. I'm not calling for a different party, only change within the parties, the Conservatives or the Saskparty, to a more libertarian position of keeping the government out of our closets. The stuff itself is not near as dangerous as it's illegality seems to suggest, so why are we, as taxpayers, spending so many millions of dollars on it? The Liberals don't have the balls to change the law, but maybe a rump within the right wing parties could see the light and stop this stupidity!


Mike
said
0 0

Matt In NB

You are fundamentally wrong - judges have ALWAYS, since this country was founded and before when there were separate colonies, looked to the laws they are interpreting to determine if they are constitutional and otherwise "legal" - ie not overbroad, vague or otherwise improper.

It is how a democracy works and is called the Rule of Law.

Look it up some time.


Damon
said
0 0

Doctor's know Pharmaceuticals, they care very little about herbs and herbal medicines. Its truly sad that herbalists including naturopaths that are more specialized in herbs are unable to prescribe Cannabis but people that are not interested in herbal medicines are the only ones that can prescribe. A seriously messed up system that needs fixing.


Doug @ BC
said
0 0

I actually support de-criminalizing the peskt little weed.At best,a minor fine for possesion would suffice. BUT,don't support anyone who thinks they should be able to smkoe up any time,any where, no matter what they are doing.Not do I support children having access to pot.Before anyone loosens any laws,regulations would have to be in place.And we'd need accurate tests,just like we have for alcohol.As open mined as I am about what people do on their own time or in their own homes,there is no way in h*** I want to be working with people who have been toking, and for sure I don't want to be sharing the highway with them. People have absolutely no right to put other people at risk,be it with pot,alcohol,or any other herbs or drugs.Rights come with an equal number of responsibilities.The question is,how many people will live up to the responsibilities, and what can we do about those who refuse to do so? Beyond imposing sanctions on abusers,I think the government should get out of the issue.My one serious disagreement with Rob Nicholson and his crime bill.On that issue,the only reason I support Nicholson is that I'm sick to death the way killers and rapists are allowed to live among civilized people.It the law has nothing to do,how about justice for Kimberly Proctor,Laura Zendry, or the children of Allan Schoenborn? To name just a few who our justice sytem has failed.


Damon
said
0 0

You can easily vaporize or eat cannabis, there is no excuse to be smoking it in 2011. I gave up smoke 7 years ago and never looked back. The vast majority of issues associated with cannabis use are eliminated if you remove the smoke.


biker Don
said
0 0

Hey Bob Dillman, show me proof positive
of a person killed from a stoned driver. I
still feel texting and cell phone use is a far
bigger risk to others. Or how about old
people that shouldn't be on the roads because
they can't drive. Stupidity kills more people
in Canada than booze or weed, get your facts straight


Jay
said
0 0

Finally a judge with some common sense. If only the majority of people (including government officials) acknowledged that prohibition of marijuana has been a complete failure. Every argument to support prohibition is irrational, counter-productive, and has been been debunked by virtually every scientific, medical, and social study ever conducted. I used to suffer from a rare form of nocturnal cryptogenic epilepsy, and am allergic to just about every pharmaceutical medication including Clorazepate, Clonazepam, Diazepam, and Lorazepam among others. Having always been allergic to other medications and antibiotics (including Penicillin & Sulfonamide), this came as no huge surprise. I went in for a Computerized Axial Tomography (CAT) scan, an electroencephalogram (EEG), and a magnetic resonance imaging scan (MRI), but unfortunately my neurologist was unable to determine the cause of the seizures. I tried Epival (Sodium valproate), for a couple months and I would experience terrible stomach pains, nausea, loss of appetite, headaches, and difficulty sleeping, so I spoke with my neurologist and he suggested marijuana was the best alternative. Despite getting a signed letter from that Neurologist and the McGill Neurological Institute, I've been unable to get a prescription or even a response from the departments that apparently issue them. I sent off my first application and got no response. Despite mailing my second request registered I still didn't get any response and gave up. Without any alternative option available I've been forced to get what I need wherever I can. If I don't I could literally seize and die anytime. If that happens because I'm unable to access the what's necessary to treat my condition (mainly because bureaucrats and lobbyists simply don't care about people like me), there's no way my family could even sue the government for criminal negligence. I pay into medicare but I'm denied treatment...Ironic isn't it?!


Knowledge
said
0 0

Some things need to be pointed out here. First of all, pot does not cause cancer. Look it up, there are no medical studies linking the two save one that suggests heavy users under the age of 18 are at higher risk of testicular cancer. But if the drug was regulated you would have to be 19 to purchase it.... making the cancer argument a moot point. Also, there are no addictive properties to the drug - coffee is medically listed as more addictive. Worry about schizophrenia - well it only increases the chance if you are likely to get it in the first place (genetic predisposition) and are a chronic user under the age of 18. And since you would have to be 19 to buy it if made legal, this just doesn't apply.Much of this is debated in the documentary: The Union: The Business Behind Getting High. Please watch this documentary or even look it up online.


Laurie Crozier
said
0 0

Royal Commissions and Senate commitees and numerous studies have recommended legalizing marijuana...It is something the "great Creator" has put here, and our brains have receptors designed to let us enjoy it...Adults should have the right to get it safely and legally, or grow it. Yes, smoking anything is a health risk, but it's a choice adults should get to make for themselves, like smoking tobacco or drinking alcohol. If adults didn't have to be pursued and prosecuted, then our law enforcement agencies could focus on who is providing these substances to minors, which really is a crime, as the minds and bodies of children and teens are less able to cope with the results... Let those who want to grow it for others be licenced businesses, let taxes be paid, and use that money for education and health care... The Netherlands has had a tolerant policy towards 'soft drug' use for a long time, and their society hasn't fallen to ruin yet!


Matt In NB
said
0 0

Why does a lower court Judge have the right to say a law is not a law in our country, I thought according to our constitution that The Feds make the laws, all challenges have to go before the supreme court, not a lower judge. Why did this change under the Chretien Government. Was their an amendment I have not read or heard about???


Patrick Abel (Chatham, ON)
said
0 0

I don't even smoke it but this is SO incredibly dumb that it's remained illegal this long.


realist
said
0 0

Bob Dilliman: Really? Pot has never killed anyone? What about the people who have died because somebody got high and drove their car and killed someone? Yes pot should be available to those who medically need it, but like cigarettes and booze, it still needs to be controlled.


Democracy Now
said
0 0

Fred S: What evidence do you have that pot increases the incidence of schizophrenia or mental illness in the population? Having schizophrenia in your DNA and adding pot probably isn't a good combination, but you're really saying something different and unsubstantiated.


mari
said
0 0

as a reply to Fred S.marijuana doesn't have to be smoked. it can be used in different ways that won't cause lung diseases.


Richard in New Brunswick
said
0 0

"The federal government is expected to appeal."

I didn't think we had a federal government at the moment.

Perhaps a more sensible and less anal-retentive set of control freaks will be elected and there will be no appeal. (The way I dream, you think I'd been smoking the stuff!)


Mike
said
0 0

it is every citizen's responsibility to obey just laws. But at the same time, it is every citizen's responsibility to disobey unjust laws." - Martin Luther King Jr


Darren
said
0 0

What is wrong with our governments? we have a 50 billion dollar debt, (and yes this is different from the deficit) What's wrong with legalizing marijuana and tax it, get rid of the illegal drug trade, Take the criminal elements away from the criminals, and eventually there will be nothing left for them.


Alex
said
0 0

Legalize "all" drugs? Is that what people want? Heroin, crack cocaine, crystal meth? People should think before they write. I digress. Medicinal pot is good and all, but what people don't seem to realize is the gangs do not rely on pot alone, in fact most don't even traffic it in Canada. Pot is sent to the USA in exchange for powder and guns that everyone seems to think will go away if pot is legalized. The truth and reality is that IF you legalize pot, you give the power for anyone to grow it without repercussions. Criminals will be able to grow much more than they are now, send it to the USA and we'll see a MUCH higher presence of "hard" drugs and guns on our streets. You're worried about the pain some sick person is going through, think of the pain you'll have when you lose a child to gun violence on our streets, or a meth-head decides to put you in a hospital for the 20 bucks in your wallet.


womanofthe2011s
said
0 0

Why would someone in chronic pain, with no chance of it going away have to renew a medical marijuana license? The whole thing is political. If they legalized marijuana, what else would the lawyers and judges do. Job security, never mind representing the people. Also, I am sure some European country has done the home work, get their studies rather than spending money on a study, oh yeah, you won't spend the money anyway.....It is way better than having a whole generation of heroin addicts. Oxycodone should be outlawed, and it isn't.


Democracy Now
said
0 0

Old Ted: You've adopted an untruth that some have been spreading who dislike our 1982 Charter of Rights and Freedoms. That Charter made judges the custodians of public safety by giving them the power to strike down unsafe laws in the event that Parliament refuses to listen to citizens suffering real harms. That forces the matter back into Parliament's hands.


conductor274
said
0 0

Welcome to Harper's world. Can you imagine that a young person is labelled a felon for smoking a joint? He wants to build more jails so he can lock up anyone who disagrees with his ideology. That's what the US has done and it hasn't done anything to help fight crime or reduce crime.


MarkinTO
said
0 0

Decriminalize it Harper, show us all your inner libertarian. How many fatalities are associated every year for Alcohol and Cigarettes? How many for Marijuana?(hint: it rhymes with NERO)I call out to every right leaning person or self-proclaimed libertarian, legalizing it is the libertarian way.


Hunter
said
0 0

This is getting carried away. First prostitution laws now this. I never thought I would say this, but if this keeps up cops will be lining up the unemployment office as judges will decide everything that is currently illegal is against the constitution and people will be able to do whatever they want, forget about the safety of the public in general. I understand that people may need marihuana for medicinal reasons, but to legalize it is rediculous. I don't want to be out with my family and have us getting second hand smoke from anyone. My argument is that if someone is sitting beside me having a drink I don't feel the effects, but if someone beside me is smoking marihuana, I would feel it's effects. Is this not a big reason why cigarette smoking has been restricted because of the people it affects?


Fred S
said
0 0

I just hope, then, that the provincial governments are going to create health care and mental health care programs for all of the cancer, schizophrenia, and mental health patients coming their way because of pot use. And this doesn't include addiction counselling, family counselling, and grief counselling required to deal with the aftermath of increased pot use.


Chris
said
0 0

Decriminalize it already. Enough said.


Sam
said
0 0

It's about time someone spoke out about this. I've been trying to obtain a permit for medical marijuana for 2 1/2 years, even with my doctor filling out the forms. Every time they send it back, it's been 3 months since the forms were filled out again so I continue to buy it on the street. I guess our government likes supporting organized crime. My doctor does not approve of the use of marijuana but he said in my case there are no prescription drugs that are as safe. For many years now you can obtain medical heroin (Oxycontin, Oxycoecet) with a simple prescription, they had to lower the amount of Tylenol in these medication because Tylenol causes liver damage. Prohibition creates crime & makes our streets more dangerous. Legalize all drugs & gang crime will be greatly reduced.


duffman
said
0 0

Well this is a no brainer.Legalize it. You would wipe out the gang activity that live for it. The government can tax it like they do on booze and smokes and make a killing. Now lets bring on the fear mongering. It is a bad drug,the gateway drug. Insert excuses here...... While you are looking for excuses why it is bad just remember what booze and smokes do to you,and our health system and they are legal! Bring on the debate.


Steve T
said
0 0

Marijuana should be legalized. Prohibition does not work. The Americans found that out almost 100 years ago with alcohol. Making something illegal when people want to partake of it effectively relegates it to the criminal world rife with gangsters, guns and gang warfare. In addition, governments loose out on foregone tax revenue.


Susanne B.
said
0 0

I had to renew my Medical Marijuana license in December 2010, which I did. I had to call my MP to get my 'pink slip' as Health Canada advised I would have to wait 8 to 12 weeks before my prescription could be renewed! After my MP called them, I had my pink slip within a matter of days--all this for a prescription renewal? However, I am still waiting for my plastic card to arrive. WHY have I been waiting since December 14, 2010 to receive my card? Today is April 13, 2011...that is 4 months. Is there only one person working at Health Canada in the Medical Marijuana office? What is causing the delays and why are we forced to live with them when we hold legal prescriptions for natural medications? I don't have a choice of medications as I am allergice to all 'chemical' drugs, including antibiotics. I broke my back, underwent invasive surgery, and have nothing to counteract my pain except marijuana. I will be in great pain for the rest of my life, 24 hours a day, 7 days a week. I also use medical marijuana to help with my chronic depression, bi-polar disorder, PTSD, irritable bowel syndrome, diverticulitis, hiatus hernia, and GERD. Without this drug, legal or illegal, my life would be a living hell, as it is most days because I'm not getting the 'pain' strain from Health Canada, and their marijuana is not strong enough. AND, I am forced to pay HST on my prescription, when prescriptons are HST exempt! I have contacted the Prime Minister, and Minister of Finance over this matter. The Minister of Finance took months to answer and then he passed the buck to Revenue Canada. What's up with that?


Bob Dillman
said
0 0

if the government really cared about the people who have died agonizing deaths and debilitating pain, they would abolish prohibition and allow every person in canada to use and stop the lies that the usa led prohibition that activists have been proving to be false like the long held belief that its a gateway drug, thats total crap same as the slogan"its illegal for a reason" I havent seen any reason, tylenol kills more people each year , and thats ok? cannabis hasnt killed anyoneANYONE since 2727BC when the chinese used it. this is about how the government can make money pure and simple. and the federal government owes its people everything for this absolute catastrophe that is health canada. Im sick of asking our government if i can medicate. the big pharma pills have wayyy too many deadly side effects that cannabis just doesnt have. I mean why take a pill with the side effect of bleeding guts , pain and mental side effects when one plant you can eat or smoke(with absolutely no cancer scare as cannabis smoke doesnt cause cancer so says about 3 federal studies),feel good and have some resembalance of a normal life? and i have to ask for a nontoxic non deadly plant to heal me, screw the canadian government for covering for big pharma.


DANIEL H
said
0 0

The whole medical system and prescription system is flawed as well as the political systems view of what discomfort diseases cause. My brother had cancer pain that was so bad he was on enough pain killers that his one hour dose would kill if given to anyone else in a 24 hour period. He was one of the first individuals to be set up with pump administered medication in Alberta. There were politicians in Alberta saying that there are “conventional drugs” available to fight anyone’s pain. What a bunch of political crap that is. The doctor’s only solution to eliminate my brother’s pain from his cancer was to operate and sever his spinal cord above where the cancer was affecting his spinal cord. My brother died shortly after because the stress of his suffering was too much. I still cry after many years from watching my brother suffer and die. GET OFF YOUR REAR END OTTAWA!


Marc_ Toronto
said
0 0

These left wing judges need to go. This judge is now a doctor? Several doctors denied this guys request for dope. Why? Well one must assume all of these doctors know something about medicine.For this judge to second guess several doctors the somehow blame the government for not "educating them" is an excellent example of the social engineering liberals believe they should be doing in our society.Remove this quack from the bench. As a minimum the doctors involved should come out against this legal persons diagnoses of a medical problem.We need change in our judicial system!


Jack R
said
0 0

Stupid laws are meant to be broken. On one hand, you have the gov't with the gall to say marijuana is evil don't touch it, yet control the LCBO and collect taxes from selling cigarettes. Make up your minds.


John Frederick
said
0 0

What does it have to do with Health Canada if the doctor will not prescribe it? Health Canada does not tell doctors what to do. There are cases where it is not the best option, but the patient wants it anyway. Are you going to assume the doctor is wrong in every case?Seems like they are only looking at one side of the story here.


sk
said
0 0

Reminder to everyone who saw the headline and got all excited & just didn't read the entire article: POT ISN'T LEGAL YET! (if ever!)


Old Ted
said
0 0

This is the government's way of legalizing marijuana without getting their hands dirty. Let the courts do it. It is the job of courts to carry out laws set up by the government. If the law isn't clear in any given situation, then the court/judge should refer it back to the government. Clarify the law so that the judge/court can make a decision based on the law. This thing of judges making their own decisions to strike down laws should never be tolerated. It isn't their job, never was, but the governments have allowed it as a convenience to themselves. Had the government just legalized marijuana in the first place, they could have taxed it heavily and made themselves a lot of money. They probably will. At least with marijuana it has some positive medical uses and doesn't turn you ugly as does alcohol in many cases.


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