FROM JOHN W CONROY Q,C
With respect to the ‘Medical dispensary’s Federal Court Constitutional Challenge’ we are in the process of reviewing materials received and gathering further materials with respect to preparing a statement of claim and making an application for an interim injunction in Federal Court Trial Division as we did in the Allard case. There we successfully argued that the MMPR were unconstitutional in trying to take away the medically approved patients right to grow their own or have somebody grow for them as interfering with their “reasonable access to the medicine.” Here we will argue that the ACMPR are unconstitutional to the extent that they omit to provide for “medical dispensaries/compassion clubs” as part of reasonable access for medically approved patients, bearing in mind that a license to sell cannabis for medical purposes is a federal license and the provincial legislation does not apply to medical cannabis. This will be a simplified procedure action, as in Allard, seeking a declaration of constitutional invalidity through the special Federal court procedure on affidavits from patients across the country and related medical dispensaries/compassion clubs.. This case will not involve the Vancouver bylaws and is a constitutional challenge that will apply federally across the country to all those in similar circumstances, namely medically approved patients and medical dispensaries/compassion clubs.
As in Allard, if the court agrees with us and grants the declaration, it will likely suspend the declaration for a period of time to enable Canada to amend the ACMPR to so provide by setting out the definition and criteria of such dispensaries/clubs unless it makes the declaration, effective immediately, as in the Supreme Court of Canada Smith case with respect to the ability of all medically approved patients to possess cannabis in any of its forms.
We will be in touch with a number of you with respect to providing an affidavit or other supportive materials in the near future.
Those of you wishing to help with the funding of that case should send funds (cheques, money orders, bank draft but not cash ) or Call Danielle Lukiv at 604 852 5110 (credit card payments) and funds should be made payable to :
Conroy and Company, Barristers, ” in trust” for the “Medical Dispensary Federal Court Constitutional Challenge “ and sent to Conroy and Company at 2459 Pauline St Abbotsford, B.C. V2S 3S1
In the Interim
In my opinion, if you, as a compassion club or medical dispensary, are being threatened or hassled by the authorities with further steps being taken to close you down, whether you were or are part of the Vancouver dispensary case or not, you should take the position that you were waiting and expecting some guidance from British Columbia Supreme Court in the BC Medical Dispensary challenge (Vancouver v. Karuna Health Foundation et al) case, but unfortunately, the court decided not to decide the constitutional question with respect to whether or not your dispensary is part of “reasonable access” for your medically approved patients/members/clients in order to ensure for them a regular supply so as not to violate their constitutional rights under section 7 of the Charter and that you are aware that an appeal has been filed to the British Columbia Court of Appeal and you hope that that court will provide the guidance requested.
You can add that a further constitutional challenge is being filed in the Federal Court Trial Division seeking a declaration of unconstitutionality from that court that decided Allard v Canada, given the failure of the BC Supreme Court to do so.
You can assert that it is “necessary” for you to keep open in order to prevent the “greater evil ” of the medical patients going without a supply in violation of their constitutional rights and that you are participating in seeking a peaceful and lawful remedy to clarify the situation through the courts.
John W. Conroy QC
Conroy & Company
Barrister & Solicitor
2459 Pauline Street
Email: [email protected]
Tel: (604) 852 5110