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Notes from Eric’s Constitutional Challenge

By Hempology | November 16, 2002

By Eric Young,
November 7th, 2002

Here are some notes regarding the Monday, Nov. 4 hearing.

The first hearing in my Challenge focused on motions related to the
Respondent College of Physicians and Surgeons of BC.

The College was successful in removing themselves using rule 19(24) of
the Supreme Court rules. Justice Melvin bought the argument that there
was no claim possible against the College. We in turn did not pursue our
motion to cross-examine on the affidavit provided by the registrar of
the College pursuant to the Judge?s decision to strike the College from
the Challenge.

The Judge decided that the July 09, 2001, statement published by the
College warning physicians against prescribing marijuana is not barring
physicians from prescribing cannabis, but merely warning them. It is up
to the individual physician to make a value judgement on prescribing

We all know that the statement that the College published is highly
biased and not based on the current scientific understanding of
cannabis, however proving it would require a lot of expert witnesses and
would be quite expensive and lengthy to do. In the event that we would
be successful in getting the College to withdraw their statement this
would not mean that every physician would be willing to prescribe

All that effort would take away from fighting the real problem, the
Provincial and Federal Governments. Government is not truly interested
in making it easier to access marijuana for medicinal purposes.

Justice Melvin’s decision will be published on when

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