Important note: Information in this article was accurate in 2000. The state of the art may have changed since the publication date.
The Associated Press - Monday, July 31, 2000
The Ontario Court of Appeal ruled Monday that Canada's marijuana law fails to recognize that people who suffer from chronic illnesses can use pot as medicine.
As a result, the court ruled that if Ottawa does not clarify the law within 12 months the law prohibiting marijuana possession in Ontario will be struck down, which could lead to similar challenges across the country.
In the meantime however, possession of marijuana in Canada is still illegal, and the law remains in full force and effect.
The ruling was part of a decision which upheld a lower court judge's decision that has allowed an epileptic Toronto man to smoke pot for the past three years.
Terry Parker, 44, said marijuana has virtually eliminated the 15 to 80 weekly seizures he suffered for about 40 years as a symptom of his illness.
"The decision will open doors across the country for sick Canadians who need pot to help alleviate symptoms such as nausea and vomiting," said Parker's lawyer, Aaron Harnett.
Under Canada's Controlled Drugs and Substances Act, it is illegal to possess and cultivate marijuana. People who need it for medicinal purposes can apply for exemptions.
The court is asking that the exemption be written into the law, to prevent unnecessary charges against sick people, said Harnett.
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