CONSTITUTIONAL LAW |
Charter of Rights |
Life, Liberty and Security |
Dupuis v. Canada (Attorney General)
T-450-01
2004 FC 919, Tremblay-Lamer J.
25/6/04
8 p.
Judicial review seeking constitutional exemption based on Canadian Charter of Rights and Freedoms, s.7, or alternatively, requesting that Health Canada process applicant's application under Controlled Drugs and Substances Act, s. 56 without requiring psychiatrists report-- Applicant suffered from post-traumatic stress disorder (PTS) after falling victim to criminal act in 1977--Applied to Health Canada for exemption under Act, s. 56 for authorization to possess marijuana for medical purposes-- Health Canada requesting applicant to obtain report from psychiatrist and give details regarding different treatments already tried and treatments followed at that time-- After receiving two letters from applicant's attending physician not meeting requirements, and after advising applicant twice of information required, Health Canada refused application because of applicant's failure to provide required report, hence application for judicial review--R. v. Parker (2000), 49 O.R. (3d) 481 distinguished--Applicant had to establish constitutional right to use marijuana, failed to do so--Medical evidence filed did not establish marijuana reasonably required to treat applicant's medical condition-- Letter from applicant's attending physician, general practitioner, not specialist in treatment of PTS symptoms, not persuasive evidence applicant requires medical use of marijuana to treat PTS--Medical evidence from specialized physician establishes person suffering from PTS should not use marijuana--Other effective, legal treatments available-- Marijuana not only effective treatment available--Charter, s. 7 not breached--Alternative application dismissed since respondent's decision not patently unreasonable and Minister exercised discretion reasonably in requiring psychiatrist's report--Application dismissed--Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 7--Controlled Drugs and Substances Act, S.C. 1996, c. 19, s. 56.