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Letter from Victoria City Solicitor to Council

By Hempology | November 4, 2002

Date:November 4, 2002
To:Mayor and Council
From:John R. Basey, Q.C., City Solicitor
Department:Planning & Development Department
Subject:Medical Marijuana Day Proclamation

Executive Summary:

The attached draft Proclamation was forwarded to me for review.

As a result of the Ontario Court of Appeal decision in R. v. Parker in
2000 the Government of Canada was forced to implement a new regulatory scheme for
permitted access to marijuana based on medical need. In Parker, the Ontario
Court of Appeal found the then existing process under the Controlled Drugs and
Substances Act
for Minister’s permits to be arbitrary and unconstitutional. The
prohibition under the Act for the possession of cannabis was declared unconstitutional
but Parliament was given one year to amend the legislation. This resulted in the
current scheme under which Health Canada issues authorizations to possess marijuana for
medical purposes based on an established set of criteria (there are three categories
of conditions or circumstances that support the granting of an authorization). Persons
who obtain authorization are also able to obtain permits to grow marijuana for
their own use or to obtain a permit designating a person to grow the marijuana for them.
At present Health Canada says it does not supply marijuana to persons who have
authorizations – Health Canada says it is working with a contractor to develop a source
for research purposes, prior to any consideration of getting into the distribution


That the fifth paragraph of the Proclamation be amended as follows:

“As a result of Court decisions , the Government of Canada has been required to
provide a legal process under which persons with medical needs may obtain authorizations
from health Canada for the possession and use of marijuana for medical purposes.”

Respectfully submitted,


John R. Basey, Q.C.

City Solicitor



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