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Cannabis Campaigners' Guide News Database result:
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Canada: Pot Charge Dropped In The Wake Of New Legislation
Paul Rudan North Island Weekender (CN BC)
Thursday 27 Sep 2001 "I want to thank Parker. He's the man!" proclaimed Ken Reyklin after a judge dismissed charges of marijuana possession against him Sept. 21 in Campbell River Provincial Court. The Campbell River man was thanking Terrance Parker, an Ontario resident who successfully challenged federal drug laws pertaining to people with serious health conditions who use marijuana to ease their suffering. As a result of the 2000 case, Regina vs. Parker, the Ontario Court of Appeal ruled: "...that the prohibition on possessing marihuana [sic] in the CDSA ( Controlled Drugs and Substances Act ) has deprived Parker of his right to security of the person and his right to liberty in a manner that does not accord with the principles of fundamental justice." The verdict also forced the federal government to amend the Narcotic Control Regulations to allow for the medical use of marijuana. The law was changed July 31. According to Health Canada, "The regulations establish a compassionate framework to allow the use of marijuana by people who are suffering from serious illnesses, where conventional treatments are inappropriate or are not providing adequate relief..." On July 16, 2000, Ken Reyklin was driving a "beater" on the Island Highway near the Driftwood Restaurant when an RCMP officer pulled him over due to a burned-out tail light. A subsequent search of the vehicle revealed two ounces of marijuana which resulted in a possession charge against Reyklin. With the help of a Legal Aid lawyer, Reyklin admitted to possessing the marijuana but asked the court for a stay of proceedings under section 24 of the Canadian Charter of Rights and Freedoms on the basis that his possession of the drug was for medical purposes, and that to convict him would infringe or deny his rights under section 7 of the Charter. "This is no big deal," Reyklin said. "They've made several of these decisions across the country." Reyklin told the court he has smoked marijuana for 30 years and since 1993 has suffered from irritable bowel syndrome ( IBS ). It's a condition which can result in severe pain and on two occasions Reyklin was hospitalized due to IBS. Reyklin went through several medical tests, changed his diet, started exercising more and cut down his consumption of alcohol but the painful symptoms continued. Following his arrest, Reyklin informed his doctor that he used marijuana and his reasons for doing so. In an opinion letter given to the court, Dr. James S. Proctor supported his patient's decision but warned that smoking marijuana would have and adverse effect on one's heart and lungs, and would impair one's ability to drive a vehicle. "Medical treatment of his problem has been a failure, and on occasion has caused intolerable side effects," Dr. Proctor wrote. "Given the effective relief he gets from marijuana, and the lack of relief from standard medicines, it would seem reasonable to allow him to continue to use it." In his decision, Judge Brian Saunderson agreed and stayed the charges against Reyklin. "In the course of dealing with IBS, ( Reyklin ) found that marijuana reduces the pain, assists him in coping with the remaining pain." more effectively, eliminates nausea, improves his appetite, and reduces emotional stress - itself a cause of IBS," said Judge Saunderson. "He described marijuana as being the best of all treatments in relieving the symptoms of his condition." More importantly, according to Reyklin's lawyer Wilfred Williams, the judge liberalized the rules pertaining to people who use marijuana for medicinal purposes. "The most important part of the judgment is he doesn't have to exhaust all other remedies," said Williams outside the courtroom following the decision. More specifically, the judge said, "...to establish this Charter defence, a defendant need not exhaust all medical treatments for his ailment and find them of no benefit whatsoever as a condition precedent to choosing marijuana. He need only show that marijuana was a reasonable choice." While Reyklin was satisfied by the verdict, he must now apply to Health Canada for a medical exemption to use marijuana. According to the new law, it would appear that Reyklin will require the written declarations from two medical specialists in order to receive an exemption. If he is successful he can either grow his own marijuana, designate someone else to grow it for him, or obtain it from a licensed federal supplier. While the decision frees Reyklin from facing future possession charges, he still does not know if Health Canada will approve his forthcoming application. Nevertheless, he was happy with Judge Saunderson's decision. "It is a good Friday," said Reyklin following the decision. "But after puffing for 30 years it's no big deal. It's just another day."
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