CRIMINAL JUSTICE |
Narcotics |
Paquette v. Canada (Attorney General)
T-629-01
2001 FCT 921, Blanchard J.
20/8/01
4 pp.
Motion for mandamus compelling respondent to provide applicant (suffering from serious chronic and fatal diseases) medicine prescribed by physician in Controlled Drugs and Substances Act, s. 56 exemption--Applicant alleging not able to procure sufficient quantities of medicinal marijuana for his needs and seeking mandamus compelling respondent to provide him with marijuana buds seized as evidence in criminal prosecutions--Motion dismissed--Court could not find any statutory provision that would require respondent to exercise his discretion and consider supplying applicant with marijuana seized in criminal cases--In fact, Minister's discretion, as provided for in s. 56, limited to exempting certain individuals from all or certain sections of Act--Here, Minister did exempt applicant from application of ss. 4(1), 7, allowing applicant to grow and possess marijuana for own personal use, with certain conditions--Here, unclear if respondent has statutory right to do what applicant asking: provide applicant access to seized illegal marijuana--Many constraints to be dealt with, from policy perspective, before issue of supply of medical marijuana can be satisfactorily addressed--Court at present unable to find respondent failed to exercise public duty required to exercise under law--Controlled Drugs and Substances Act, S.C. 1996, c. 19, s. 56.