The Consitutional Challenge...Starting on Feb 23/15 information

[Buddha1]

Posted on John Conroys Website-Dated March 29, 2016.

Allard v Canada - March 28, 2016 update

1.The Government of Canada has publicly announced through the Minister of Health that they will not be appealing the decision of Mr. Justice Phelan rendered February 24th, 2016.

2.This means that the Government accepts that the MMPR is unconstitutional to the extent that it failed to provide "reasonable access" to medically approved patients by taking away their ability to produce for themselves or have a caregiver do so for them. The court found that the constitutional rights of such medically approved patients to liberty and security of their person was deprived in a manner that was inconsistent with the principles of fundamental justice of arbitrariness overbreadth, contrary to S. 7 of the Canadian Charter Rights and Freedoms. In other words, the government acted arbitrarily and went too far or further than necessary.

3.Following a protocol in constitutional litigation, the Court declared the MMPR to be unconstitutional and has given the government 6 months, from February 24th, 2016 to amend the regulations to make them constitutional.

4.By not appealing and not seeking an extension of the six-month period this means that the Government will have to amend the regulations by August 25, 2016, and in this regard I expect them to reintroduce the ability of the medically approved patient to produce for him or herself or to have a true caregiver do so for him or her.

5.While Justice Phelan made reference to the dispensaries being at the heart of the issue and the problems of the current LP system it is too early to tell whether the government is likely to address those issues in its new regulations. Hopefully they will.

6.As part of his reasons for judgment, Justice Phelan ordered the continuation of the injunctive order of Justice Manson of March 21, 2014 until further Order of the court. It appears to us that this is inconsistent with his reasons in that he omitted or accidentally overlooked ensuring that all medically approved patients would be covered by interim relief and not just those covered by the past injunction.

7.Further, he made no provision for changes in addresses of production or storage sites pending the new regulations nor make any adjustments or clarifications with respect to the terms of the injunctive order in relation to "dried marihuana" or the 150 g limit and similarly made no reference to the "dried marihuana" limitation in the Narcotic Control Regulation section 53 only the MMPR. Smith addressed the MMAR.

8.We propose to go back to court on April 22, 2016 before Mr. Justice Phelan in Vancouver, asking him to reconsider and vary his final order pending the new regulations and to take into account the items specified in 6 and 7.above. We will be filing our materials by Thursday, March 31, 2016.

John W Conroy QC

Its official...The government publicly announced it would NOT appeal the judgement of February 24th, 2016...By Justice Phelan.

By not appealing the Liberal government agrees the MMPR is unconstitutional to all medical MJ Patients.
Hopefully we get the travel limits raised and we will be allowed to start relocating if necessary.

I think Conroy going back to Justice Phelan on April 22, 2016, asking him to vary his final order...Will insure it will not be over looked by the new federal regulations next August.

Peace B

 

[seedstasteyum]

6 and 7 need fixing for sure.

 

[corky1968]

Official decision.

http://www.johnconroy.com/pdf/Judgment-%28Final%29%28RHD%29.pdf

 

[seedstasteyum]

Expansion of the ruling for over 150g, moving addresses and covering all MMAR patients has been declined.

http://johnconroy.com/pdf/Order-Phelan-J-May-3-2016-2016-FC-492.pdf

 

[Mikell]

Oh hooray.. so they filed an appeal after the given time?

 

[Buddha1]

Posted on John Conroys Website-Dated May 3, 2016.

We await the new Medical Regs on or before August 24, 2016, and if we don't like them I guess we'll be going back to court as the decision is still "until further order of the court". He has declined to expand the injunction terms to cover all medically approved patients and he has declined to allow anyone to change their addresses of any sites pending the new regulations, which should provide for such.

He also refused to make any further declarations with respect to section 53 or the 150 g limit.

John

Link to original order May 3, 2016, by justice Phelan...In regards to adjusting his original injunction, which stands until ordered other wise by the Federal Court of Canada.

http://johnconroy.com/pdf/Order-Phelan-J-May-3-2016-2016-FC-492.pdf

Peace...B

 

[Buddha1]

Oh hooray.. so they filed an appeal after the given time?

Mikell,

I believe this is in regards to the injunction by Justice Phelan only.

The governments time to appeal the judgement that found the MMPR unconstitutional is long past...they can't appeal, even if they wanted to now. The only recourse is to revamp the MMPR to include patients growing there own Medical MJ or to set up an entire new program that would allow patients to grow there own Medical MJ...something along the same lines as the old MMAR program.

They have until August 24, 2016 to comply...Its going to be interesting as to how they[the government] will do it.
I would find it amusing if they just reinstated the old MMAR again, with a few adjustments to the Regs to make it a more user friendly program....
Take that Steven Harper....

Peace...B

 

[corky1968]

It would be far too democratic for a Government to allow it's people the ability to solve
some of their own pain problems with a natural remedy. In other words, they will screw
us even worse than the last time.

They'll use fancy words like Safety, Mold, Organized Crime, Al-Qaeda, etc.
in their scandalous new regulations to deny us the ability to grow ourselves.

 

[seedstasteyum]

Oh hooray.. so they filed an appeal after the given time?

The government filed no appeal. The judge decided to not further expand/amend (on) his decision on the MMAR. Current registered addresses can not be changed and 150 gram on hand limit will not change. The government will have to sort that all out by August 24th I think along with the MMPR.

 

[SeedsOfFreedom]

They'll use fancy words like Safety, Mold, Organized Crime, Al-Qaeda, etc.
in their scandalous new regulations to deny us the ability to grow ourselves.

As you should know, the government(Health Canada) already tried to deny the right to grow and with the help of John Conroy and his team we proved that home growing is safe, and won the right to home growing.

In court Health Canada did not submit any reliable evidence of mold, fire or safety issues, organized crime, or terrorist involvement. I think everyone should be positive. We will be allowed to grow our medicine, just let them write the new regulations.

The system they introduce will not be perfect I am sure. The important thing is to remember we got the right to grow, and we will be back in court(AND WINNING!) if this new government does not respect our rights as patients.

 

[corky1968]

As you should know, the government(Health Canada) already tried to deny the right to grow and with the help of John Conroy and his team we proved that home growing is safe, and won the right to home growing.

In court Health Canada did not submit any reliable evidence of mold, fire or safety issues, organized crime, or terrorist involvement. I think everyone should be positive. We will be allowed to grow our medicine, just let them write the new regulations.

The system they introduce will not be perfect I am sure. The important thing is to remember we got the right to grow, and we will be back in court(AND WINNING!) if this new government does not respect our rights as patients.

I hope this all works out for us in the end.
I can afford to grow. But not buy.

Living plants around me relax me more than anything.

BTW: I don't see them attacking hydroponic vegetable home gardeners.

 

[Mikell]

The government filed no appeal. The judge decided to not further expand/amend (on) his decision on the MMAR. Current registered addresses can not be changed and 150 gram on hand limit will not change. The government will have to sort that all out by August 24th I think along with the MMPR.

Read III Analysis (5) through (11).

Am I interpreting that wrong? Seems straight forward but my knowledge of law and legalese is nil.

 

[Buddha1]

Read III Analysis (5) through (11).

Am I interpreting that wrong? Seems straight forward but my knowledge of law and legalese is nil.

You may just interpreting it wrong and freaking yourself out.

In a nut shell...The Allard injunction stands as is, until other wise order by the Federal Court of Canada...10 years if necessary.
The Allard injunction is an interm court order, set to protect all MMAR patients and their right to self produce.
The Federal court, has furthered the protection of your right to grow/self produce, by ordering it[the Allard injunction] to stand until it is ordered by Federal court, to be no longer needed or necessary...This of course will not happen until the new program is in place and all parties involved are happy with the new medical MJ program.
This could take a very long time and we are subject to the limitations of the Allard injunction[which is Good and Bad] until a new accepted program is in place.

I hope the government can achieve this goal in the 6 month allotted(End date...August 24, 2016), patients need to be able to change addresses, increase plant limits and daily gram limits, along with larger travel limits...150 grams just doesn't do it for most patients(150 grams is only a couple weeks meds for me...the larger the daily grams, the more house bound the patient becomes).

Peace...B

 

[Limeygreen]

Just because some gangs decided to pack grow shows to the max in houses and caused mod doesn't mean every grow is prone to these problems, the expert police witness was shown to have extreme bias and no basis for safety concerns on home growing, my opinion is it would be better if everyone could grow it themselves and special deals for greenhouse systems for patients, or greenhouse co-op for groups of patients would be the ideal way to go as well as personal indoor or outdoor, whatever the patient chooses. This way the patients have full options to produce clean, effective medicine with low input costs but it should also have subsidies from health canada if they grow it as medicine for themselves to give more incentives to grow outdoors a reasonable amount for the year, subsidies for indoor growing and if they want to buy it, it should be fully covered by health canada like other medications, depending on the ailment it should be covered the same amounts as pharmaceuticals treating the same conditions instead being completely out of pocket. Cancer patients should not have to pay for it in my opinion, pain management either, asthma and other less terminal illness should then deducted the same way an inhaler would be, which last I remember around 80-90% covered depending. Recreational you should just have to follow limits on production like tobacco (5 kilos dried per adult per household is the law last I checked) which to me is reasonable as I would prefer to make full melt dry sift with 5 kilos to get a half kilo of fine sift, that should be more than adequate for recreational users I would think.

 

[blastfrompast]

So it should be interesting this fall, Keep hearing rumblings about restricting plants to 1-6MAX...for MEDICAL MJ users.

Which would mean Conroy going back to court perhaps....

More trees would be grown that is for sure..

 

[overbudjet]

Hope you are wrong Blast. But 6 big three(1~1.5 lbs. each) 4 crop give you around 8oz per week, must provide enuft med for the most of us

 

[growshopfrank]

Hope you are wrong Blast. But 6 big three(1~1.5 lbs. each) 4 crop give you around 8oz per week, must provide enuft med for the most of us

That would be a tough go if the grower/patient is juicing. Not saying this to argue but to point out that levels of consumption can be huge without being ridiculous depending on your method of consumption or ailment.

 

[overbudjet]

That would be a tough go if the grower/patient is juicing. Not saying this to argue but to point out that levels of consumption can be huge without being ridiculous depending on your method of consumption or ailment.

Agreed
This is related to the way of consumtion,never touht about those juicing my bad

 

[Chimera]

If a doctor says you need 50 grams per day, and Health Canada previously licensed you to produce and possess such an amount, it seems highly highly unlikely the courts would rule that you can only now grow 6 plants. Previously such an amount was your Charter guaranteed right; that doesn't change because Harper's government tried to pass a law (the MMPR) that violated the citizenry's charter rights.

I have little doubt the current government will try to restrict home cultivation in some form. In every announcement or comment since the Allard ruling was released, the only thing the government admits is that the court's decision was that the patients have a right to accessible and affordable cannabis; they say nothing whatsoever about personal production rights.

Past behavior being the best predictor of future behavior, I suspect we will see some attempt to restrict patient's rights in regard to personal production freedoms.

I suspect we'll see something mid-August, it'll be interesting to see how the government responds the the court's ruling.

 

[blastfrompast]

That would be a tough go if the grower/patient is juicing. Not saying this to argue but to point out that levels of consumption can be huge without being ridiculous depending on your method of consumption or ailment.

Anyone ever test the juice, been trying to find someone who has posted test results to see what else is in theirs,and whether pressing method changes it.....