Mernaugh Crushes the Gov't

[Green Supreme]

Wooo go Matt go. Peace GS

http://whyprohibition.ca/blogs/jacob-hunter/court-strikes-down-marijuana-laws-gives-government-90-days-fix-charter-issues

[Green Supreme]

Sorry this story has been so big on a site called redditt that it over loaded Why Pro's server. Here is the article:

Court strikes down marijuana laws, gives government 90 days to fix charter issues
FOR IMMEDIATE RELEASE
April 12, 2011

Today in R v. Mernagh the Ontario Superior Court of Justice found the entire regulatory scheme governing medical marijuana (the Marihuana Medical Access Regulations) to be invalid. As a result sections 4 (prohibiting possession) and 7 (prohibiting production) of the Controlled Drugs and Substances Act were stricken. The government has been given 90 days to fill the legislative void or it will become legal to possess and produce marijuana.

The basis for the decision was that the government's controversial decision making allopathic physicians the only gatekeepers to patient access created a scheme that was too restrictive and made it too difficult for Canadians to lawfully acquire the medicine. In the Court's words "...it is long past time for the government to provide the medical access to marihuana that was directed by the Parker court over ten years ago..." Parker was a 2000 decision of the Ontario Court of Appeal that gave rise to the MMAR scheme.

"Complaints about the doctor-as-gatekeeper role, from patients and physicians, have been a constant feature of this flawed system," said Kirk Tousaw, the Foundation's Executive Director and a BC lawyer that successfully argued R v. Beren, in which the BC Supreme Court found certain supply-side aspects of the scheme to violate the Charter. "This decision represents a huge step forward for critically and chronically ill Canadians that want to access this safe and effective medicine without being turned into criminals for doing so."

Jacob Hunter, the Foundation's Policy Director and an authorized medical cannabis consumer, also hailed the decision: "I know how hard it has been to find a supportive physician. There are a million medical cannabis consumers in Canada and, in ten years, less than 10,000 have been able to become legal. That just isn't right."

The Foundation urges the upcoming new government of Canada to work with patients, producers and distributors of medical cannabis over the next 90 days to craft a legislative model that works. "Who knows," speculated Tousaw, "the government could always choose not to re-legislate, as did with the abortions laws after the Morgentaler decision, and finally put an end to the harms being caused by marijuana prohibition. "

The Foundation congratulates Mr. Mernagh and counsel Paul Lewin for their outstanding efforts and salutes all those that assisted in the case.

Contacts
Kirk Tousaw
Jacob Hunter

http://whyprohibition.ca/blogs/jacob...charter-issues

[Green Supreme]

So from what I hear from the Why Pro peeps is, in 90 days the laws for section 4 and 7 will be struck down. The ramifications of this go beyond medical to the general public. The government will apply for an extension. We will see what happens from there. Interesting time we live in. Peace GS

[Snap]

Very interesting times GS.

[Green Supreme]

The link to the pdf file works this morning. Peace GS

http://www.whyprohibition.ca/sites/d...%20%202011.pdf

[Green Supreme]

Toronto Star. Peace GS

http://www.thestar.com/news/article/973886--pot-laws-ruled-unconstitutional?bn=1

[Green Supreme]

Montreal Gazette. Peace GS

http://www.montrealgazette.com/health/Ruling+brings+optimism+medical+marijuana+users/4610780/story.html

[etncrew]

*tents fingers*

excelllllllent.

[NaughtyDreadz]

lol.. well.. I've started a new one this wee...

garden that is... should be done in time for the law.

[Green Supreme]

More on the decision. Peace GS

http://whyprohibition.ca/blogs/kirk-...rnagh-decision

[Green Supreme]

Proposed changes. Peace GS

http://www.hc-sc.gc.ca/dhp-mps/consultation/marihuana/_2011/program/consult-eng.php

[kulvahs]

yes I dont understand why anyone gets excited by this matt thing
its the 5th time and as I said sure to break the camels back

actually I said it would be the end of the MMAR and home growing for medicine and more and it looks as if I was right

this is nothing to get excited about except that people like me will soon get a whole crop of deserters back into our army
some thing I think is terrific

[Green Supreme]

Form letter. Peace GS

http://whyprohibition.ca/blogs/jacob...marijuana-prog

[YukonBikerGuy]

http://whyprohibition.ca/blogs/jacob-hunter/form-letter-regarding-proposed-restrictions-health-canadas-medical-marijuana-prog

hope that 1 works....

YBG

[Green Supreme]

Just a heads up, tomorrow is the last day to get your recommendations in to Health Canada. Speak now or forever hold your piece. Peace GS

[Green Supreme]

Last chance. Peace GS

[email protected]

[Green Supreme]

Beyond Prohibition's take. Peace GS

http://whyprohibition.ca/blogs/kirk-tousaw/bpf-submission-heath-canada-mmar-changes

[YukonBikerGuy]

Thanks for the heads up. The link doesn't work, but I just went right to WhyProhibition.ca and looked it up. A long and interesting read, that has certainly given me some food for thought.

YBG

[Green Supreme]

from http://www.mernagh.ca/ontario-court-...n-r-v-mernagh/

Quote:
Ontario Court of Appeal court dates have been chosen for R v. Mernagh. The court ruling gutting Canada’s federal medical marijuana program, personal possession and cultivation laws is set to be heard…

Ontario Court of Appeal court dates have been chosen for R v. Mernagh. The court ruling gutting Canada’s federal medical marijuana program, personal possession and cultivation laws is set to be heard March 5 and 6, 2012. A small team of talented lawyers will descend on Osgoode Hall for two days to argue before three judges. Earlier this summer federal prosecutors won a reprieve on a 90 day marijuana legalization deadline. In exchange for a legal time – prosecutors were ordered to have their case ready by mid-November. Team Mernagh was given an option to chose the dates. These are their best dates.

Paul Lewin will represent Matthew Mernagh. Several interveners have called expressing interest in becoming positively involved. These community driven agencies will be sending lawyers who will seek to address the court as third parties. Given the scope of R v. Mernagh having more than one lawyer working the appeal judges is important.

Should medicinal marijuana patient Matt Mernagh be allowed to grow his own cannabis without a Health Canada license? Mernagh argues he is unable to get his doctor to sign a Health Canada med pot application – allowing him to grow his own. Ontario Superior court judge D.J. Taliano concluded less than one half of a one percent of Canadian doctors have signed applications. Prosecutors argue the problem is not with the federal program, but with doctor’s. Mernagh retorts federal government has tasked doctors as gatekeepers to a program they have had no input on. Canadian Medical Association has written Health Canada expressing concerns that have gone un-answered.

Justice Taliano ruled medicinal marijuana is not treatment of last resort. Canadians should not have to try a slew of pharmaceutical medications before choosing plant therapy. To cope with doctor unwillingness he suggests alternative therapy practitioners be allowed to sign Health Canada’s application. With no federal legal medical marijuana program accessible to sick Canadians, he determined Canada’s marijuana laws for personal cultivation and possession un-constitutional. Mernagh’s marijuana grow charge was squashed. He was granted an exemption from federal marijuana laws. Allowing him to grow marijuana legally.

Mernagh webcasts live from his legal marijuana grow room on Sunday nights at 9 pm est via Livestream. The show and previous shows are available on demand as a rerun.

Peace GS

[Green Supreme]

So since April they have been issuing cards with licenses. My room mate found out today, that once again they have stopped issuing, as of September 7th. The BS continues. Peace GS