November 21, 2014 09:22 ET
Cannabis in Canada Comments on Injunction Against Federal Government by MMAR Patients
VANCOUVER, BRITISH COLUMBIA--(Marketwired - Nov. 21, 2014) - Notice of Upcoming Hearing re: Allard et al. and Her Majesty the Queen in Right of Canada, 2014 FC 280.
Cannabis in Canada and Jade Maple Corporate Services wish to stress the importance of the appeal and cross appeal of plaintiffs Neil Allard, Tanya Beemish, David Herbert, and Shawn Davey, on the matter of addressing the errors and oversights of the March 21st, 2014, Federal Court ordered injunction. The proceedings are set for hearing at the Pacific Centre, 701 West Georgia Street, 6th Floor, Vancouver, British Columbia, commencing at 9:30 a.m. on Monday, November 24, 2014 for the duration of four hours.
BACKGROUND
Health Canada's policy known as the Marihuana for Medical Purposes Regulation (MMPR) was formally introduced on April 1st, 2014. If the MMPR regulations are enforced, all licensed patients' personal production and caregiver assisted production of cannabis will be forced to end. All patients will be made to obtain their medicine from a "licensed producer" or LP, at an increased cost.
By Health Canada's own estimate, the cost will increase from $5.00 per gram to $8.80 per gram. This amounts to an annual $5,000 increase for patients on the average dosage. The average dose is 18.5 grams-a-day, far more than the 5 gram-a day-limit the new regulations try to impose. Current LPs are advertising rates from $9-$14 per gram. 70% of patients are on low-income pensions or income assistance.
As of March 21st, 2014, an injunction was granted by Justice Manson at the Federal BC Court of Appeal. It is argued by the plaintiff's Attorney John W. Conroy, Q.C., that many medicinal marihuana patients' rights were not fully protected by the court-ordered injunction, which preserved the "regulatory option" for those authorized under the former MMAR regulatory regime to possess a personal production license. The injunction has been
appealed by the Crown; John W. Conroy, Q.C., has issued a cross appeal. This is a constitutional challenge.
View the court order here.
The Plaintiffs of the cross appeal argue that Justice Manson made errors while instating the injunction on the following items: The 150g carry limit is being contested. Those that have moved, or have changed their address will now lose their Federal Court injunction protection.
Dates for injunction implementation remain in question Sept 30th or March 21st as accepted by the Attorney General.