CRIMINAL JUSTICE |
Neron v. Canada (Attorney General)
T-850-01
2001 FCT 683, Teitelbaum J.
21/6/01
14 pp.
Application for interim order of mandamus to cause Minister of Health to issue to applicant interim exemption to use marijuana for medical purposes under Controlled Drugs and Substances Act, s. 56--R. 372 meant to safeguard applicant's right in case of urgency, pending disposition of proceedings--Issue before Court not preservation of right--Applicant will not lose any right if denied interim order requested--Would have to proceed with application for judicial review by serving, filing such application with supporting affidavits from himself, doctors, then make request under Federal Court Act, s. 18(2), with necessary evidence--At present time in Canada, criminal offence to grow, use marijuana even for medicinal purposes unless permitted under CDSA, s. 56--To be permitted use of marijuana for medical reasons, person making such request must show sufficient evidence applicant requires marijuana to alleviate pain, nausea--Respondent having duty not to put impediments in way of such requests that would make them illusory--Should ensure such request be dealt with in shortest possible delay, not months as appeared to be happening herein--Consideration of such requests should be given in generous, sympathetic manner, not in restrictive, narrow manner--Any doubt, if person ill, should be resolved in favour of applicant--Present application before Court to be considered application for judicial review of decision dated May 17, 2001--Federal Court Rules, 1998, SOR/98-106, r. 372--Federal Court Act, R.S.C., 1985, c. F-7, s. 18 (as am. by S.C. 1990, c. 8, s. 4)--Controlled Drugs and Substances Act, S.C. 1996, c. 19, s. 56.