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International Medical Marijuana Day: Committee of the Whole Report
By Hempology | November 7, 2002
| Date: | November 4, 2002 |
|---|---|
| To: | Mayor and Council |
| From: | John R. Basey, Q.C., City Solicitor |
| Department: | Planning & Development Department |
| Subject: | Medical Marijuana Day Proclamation |
Executive Summary:
The attached draft Proclamation was forwarded to me for review.
As a result of the Ontario Court of Appeal decision in R. v. Parker in 2000 the
Government of Canada was forced to implement a new regulatory scheme for permitted access to
marijuana based on medical need. In Parker, the Ontario Court of Appeal found the
then existing process under the Controlled Drugs and Substances Act for Minister’s
permits to be arbitrary and unconstitutional. The prohibition under the Act for the possession
of cannabis was declared unconstitutional but Parliament was given one year to amend the
legislation. This resulted in the current scheme under which Health Canada issues
authorizations to possess marijuana for medical purposes based on an established set of
criteria (there are three categories of conditions or circumstances that support the
granting of an authorization). Persons who obtain an authorization are also able to
obtain permits to grow marijuana for their own use or to obtain a permit designating a person
to grow the marijuana for them. At present Health Canada says it does not supply marijuana
to persons who have authorizations – Health Canada says it is working with a contractor to
develop a source for research purposes, prior to any consideration of getting into the
distribution business.
Recommendations:
That the fifth paragraph of the Proclamation be amended as follows:
“As a result of Court decisions, the Government of Canada has been required to provide a
legal process under which persons with medical needs may obtain authorizations from Health
Canada for the possession and use or marijuana for medical purposes.”
Respectfully submitted,
John R. Basey, Q.C.
City Solicitor
JRB:aw
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