Results 1 to 10 of 10
  1. #1
    Vegetative Member Stray's Avatar

    Join Date
    May 2005
    Posts
    725
    Thumbs Up/Down
    Received: 8/0
    Given: 15/3
    Rep Power
    18

    2 Not allowed! Not allowed!

    Default Something from John W. Conroy QC - thought it might be worth reading...

    Not sure where to post this - so its going here... Move it if needed...

    ~~~~~~~~~~~

    NOTICE TO ALL MMAR LICENSE HOLDERS AS TO STATUS OF THE CONSTITUTIONAL CHALLENGE AND WHAT TO BETWEEN NOW AND MARCH 18TH, 2014 and BETWEEN THEN AND MARCH 31st, 2014 and THEREAFTER

    I expect a decision from the Federal Court on the exemption/injunction application sometime between March 18th,when it will be heard and March 31st, 2014. Sorry but I cannot predict how long a Judge will take to decide the issue, especially when I do not even know who it is going to be, but even then it is always hard to say or predict.

    It will be before March 31st, 2014 I can say that.

    We are asking the court to compel Health Canada to process all
    Applications coming in, whether new or old, and any changes requested since September 30th,2013, and to exempt everyone who is ‘medically approved’ from the CDSA provisions pending trial where we will seek a permanent such exemption.

    Everyone who is “medically approved” to use Cannabis has a right to reasonable access to it as medicine for their health. This right arises as a result of s.7 of the Charter.

    The federal government, so long as it is exercising jurisdiction over cannabis using the criminal law power, must provide a viable exemption to the criminal law to ‘medically approved patients’.

    Legalization will substantially change this picture and open things up for the Provinces potentially. Vote for the Liberal Party of Canada’s Justin Trudeau who is willing to “legalize”. Remember it was his father Pierre and his then Justice
    Minister Jean Chretien who brought us the Charter without which we would have no argument. The NDP are still talking ³decriminalization² or want another study, and the Conservatives have no respect for the Canadian Constitution and want mandatory minimums and forfeiture. Vote against Harper whatever you do and get all your friends to do so and don’t split the vote. If you are usually NDP, hold your nose this time and vote against
    Harper so we can finally get this thing done!!!

    The MMAR despite its defects is/was a viable exemption as it enabled a safe continuous supply at reasonable cost to patients.

    The MMPR is not, we say, a viable exemption because, as in the case of Terry Parker, it will cause those who cannot afford black market or licensed producer prices to have to choose between their liberty (being arrested and charged with production of marihuana after March 31st,2014) and their health( accessing the medicine that works for their health issue approved by their doctor and continuing after March 31st,2014).

    This amounts to a violation of that patient’s constitutional right, under s.7 of the Charter of Rights, to “liberty” and the ”security of the person” and the right not to have those rights taken away or deprived except in accordance with ”the principles of fundamental justice”. That s.7 is engaged is clear from Parker and then last year was affirmed in Mernagh, again by the Ontario Court of Appeal, with leave to appeal to the Supreme Court of Canada having been refused.

    In order to reasonably limit a s.7 Charter right the government bears the heavy burden of proving that the limit is, prescribed by law, and is reasonable and demonstrably justified in a free and democratic society under s.1 of the Charter. Here is where the fire, mold and public safety arguments come in to try and justify the changes. They will also come up at the injunction/exemption argument to try and oppose that application.

    Any patient who continues to grow their own medicine because they cannot afford the black market, including dispensary/compassion club prices, nor licensed producer prices, and to control quality and continuous supply, and to avoid going back to prior debilitating drugs with massive side effects or simply because this works for your health better than anything else, should be prepared to do the following, if the court does not grant an exemption/injunction to you and you are visited by the police or other authorities:

    1. Make sure you have, preferably the originals and certified copies of your "Authorization to Possess”(ATP) available to produce to the police if they attend, to show them that you are “medically approved”. It might help to have a copy of that part of the application that was signed by the doctor setting out your “grams per day” and support and copies of at least a summary of your medical situation from your doctor or a copy of the last medical report that has a diagnosis and prognosis etc. WAIVE YOUR RIGHT TO REMAIN SILENT AND TELL THEM YOUR MEDICAL STORY THAT HAS MEDICAL SUPPORT UNDER THE MMAR. Out of an abundance of caution you may want to get something in writing from your doctor that authorizes/approves your use under Narcotic Control regulation 53 so you are Œauthorized¹ under that regulation to possess.

    2. Remember the offence under the Controlled Drugs and Substances Act is to possess otherwise than as authorized or in accordance with the regulations so if they abolish the MMAR March 31st but you have a note under the NCR you are still legal to possess, in my opinion. Under the MMPR you have to register with an LP and it is the label of their product that determines legality of possession.

    3. Be polite and co-operative, but assert that your constitutional rights are being violated by the failure, on the part of the government to provide a viable exemption from the criminal law available to you that includes one that is affordable at reasonable cost within the means of most patients or at least does not preclude patients from accessing at the best price they can and one in which that can exercise some control over what goes into the making of their medicine and its effective quality for them.

    4. DO NOT PLEAD GUILTY to any offence. You are not committing one!! Your defense is that you are exercising your constitutional rights under s.7 of the Charter to the security of your person by making a decision of fundamental personal importance about your health to ensure a safe continuous supply of the medicine that works for your health because you cannot afford the only licensed suppliers and the only alternative would be to return to drugs that do not work at least as effectively and/or allow your health to be impaired.

    5. Tell them your whole story and then be ready to back it up with documents etc. I think we will be surprised at how sympathetic most members of the public will be once they know the real stories and many police officers, Crown prosecutors and Judges are also sympathetic, in my experience.

    6. The best thing that could happen between now and March 18th, 2014 is a barrage of heartbreaking stories all over the National, Provincial and local television and social media news. I have read the many impact statements sent to me and to the Coalition and would love to be able to make them public. Let me know if I can do so in your case if you sent me one. Others please contact you local, provincial and national media and tell them how this 'drug’ has made a difference in you life and what the consequences will be to you if you cannot afford the new LP prices and cannot control the quality and quantity of your production and the effectiveness of the strains that have been working for you.


    John W. Conroy QC
    Conroy & Company
    Barristers & Solicitors
    2459 Pauline Street,
    Abbotsford, B.C.
    V2S 3S1
    Tel: 604-852-5110
    Fax: 604-859-3361
    Web: www.johnconroy.com and click on the MMAR Litigation button
    Email:jconroy@johnconroy.com and dlukiv@johnconroy.com

    *Angry redhead - beware...*
    ~~~~~~~
    *Utilize extreme caution...*
    *You may get new body orfices ripped...*
    *& various parts ya wish ya hadn't grown removed the hard way...*

    *All information posted is for entertainment purposes only.*

  2. #2
    Lightly Toasted Crazy_Eagle's Avatar

    Join Date
    Jun 2005
    Location
    Vancouver Island
    Posts
    3,342
    Thumbs Up/Down
    Received: 658/0
    Given: 667/1
    Rep Power
    21

    0 Not allowed! Not allowed!

    Default

    I sure hope the get an injunction!
    Why drink and drive when you can smoke and fly

  3. #3
    Seedling Egzoset's Avatar

    Join Date
    Jun 2012
    Location
    Qc, Canada
    Posts
    206
    Thumbs Up/Down
    Received: 8/0
    Given: 8/0
    Rep Power
    10

    0 Not allowed! Not allowed!

    Default

    Salutations,

    Maybe one could add that cannabis being less dangerous than tobacco and/or alcohol it should be simply moved to the same schedule level, euh... Or just removed from such a list as this would solve most of all problems generated by a senseless anti-cannabic war, actually.

    http://www.jango.com/profiles/44436821

  4. #4
    Finally Resting In Peace medpot's Avatar

    Join Date
    Mar 2006
    Posts
    2,786
    Thumbs Up/Down
    Received: 28/0
    Given: 5/0
    Rep Power
    19

    0 Not allowed! Not allowed!

    Default Injunction hearing official!

    Quote Originally Posted by Crazy_Eagle View Post
    I sure hope the get an injunction!

    It's OFFICIAL!


    Received by email:

    The injunction hearing is set for all day starting at 9:30am March 18 in the Federal Court Trial Division in the TD Tower downtown Vancouver.

    John

    John W. Conroy QC
    Conroy & Company
    Barrister & Solicitor
    2459 Pauline Street
    Abbotsford, B.C.
    Canada
    V2S 3S1

    Webpage: www.johnconroy.com
    Email: jconroy@johnconroy.com
    Tel: (604) 852 5110
    Fax: (604)859 3361


    NOTE: MMAR patients and growers from Vancouver and elsewhere in B.C. and Canada may be present at this federal court hearing...just in case anyone wondered.

    Marc

  5. #5
    Flowering Member nohibition's Avatar

    Join Date
    May 2011
    Location
    Manitoba
    Posts
    1,722
    Thumbs Up/Down
    Received: 1,036/0
    Given: 1,031/0
    Rep Power
    13

    0 Not allowed! Not allowed!

    Default

    Thanx for posting this Stray. I've been trying to post updates on this court action.
    More people need to fill out the impact statements etc. One way or the other my lights stay on. We have some one stepping up to represent us, we should "all" be standing behind them.

    N
    I fall upon the earth, and I am embraced. Water gives me life, and I spring forth into the light. My roots run deep into the earth, and I am nourished. With wind and water, light and earth, I conspire to ease your pain and heal your wounds, to bring you peace and calm your mind, to give you wisdom and truth of heart.
    I return to the earth and I am embraced.I am Cannabis
    Nohibition

  6. #6
    Finally Resting In Peace medpot's Avatar

    Join Date
    Mar 2006
    Posts
    2,786
    Thumbs Up/Down
    Received: 28/0
    Given: 5/0
    Rep Power
    19

    0 Not allowed! Not allowed!

    Default Update-February 13th, 2014

    Received by email:

    Update-February 13th, 2014

    Over 1000 Exhibits & Affidavits in relation to our March 18th court hearing
    at 9:30am Federal Courts in Vancouver, BC

    If you wish know the Crowns position in full as with ours please have a
    long read. We happy to finally release these documents for your reading
    pleasure!

    Click Here to download the Notice of Motion

    http://www.johnconroy.com/pdf/Notice...n_filed_e1.pdf

    Click Here to download the Affidavits

    http://www.johnconroy.com/pdf/Affidavits_e2.pdf

    --

    Sincerely,

    Jason Wilcox

    MMAR PPL/DPL Coalition against Repeal
    Founder & BC National Steering Committee Member
    www.mmarcoalitionagainstrepeal.com
    coalitionagainstrepeal@gmail.com

    Mobile: 604-562-7731

    Face Book Coalition Group www.facebook.com/groups/406440576091519/

    *LinkedIn Coalition Group*

    http://www.linkedin.com/groups?gid=4...&trk=hb_side_g

    *Main LinkedIn:*

    http://www.linkedin.com/profile/view...24&trk=tab_pro

    Co-Founder/Director

    The Cannabis in Canada Society

    www.cannabisincanada.com

    www.cannabisincanada@gmail.com

    Mobile: 604-562-7731

    Vancouver, B.C.

    *Contact me on Skype* Jason.Wilcox39

  7. #7
    Finally Resting In Peace medpot's Avatar

    Join Date
    Mar 2006
    Posts
    2,786
    Thumbs Up/Down
    Received: 28/0
    Given: 5/0
    Rep Power
    19

    0 Not allowed! Not allowed!

    Default Governments Defence to the constitutional challenge

    Received by email:

    Sent: Friday, February 14, 2014 2:00 PM

    From: Danielle Lukiv

    To: John Conroy

    Here is the Governments Defence to the constitutional challenge (click on link below).


    Subject: MMAR - Allard - Statement of Defence(.pdf)

  8. #8
    Seedling Egzoset's Avatar

    Join Date
    Jun 2012
    Location
    Qc, Canada
    Posts
    206
    Thumbs Up/Down
    Received: 8/0
    Given: 8/0
    Rep Power
    10

    0 Not allowed! Not allowed!

    Default

    Salutations,

    Well, it was somewhat useful as it helps to point at a list from the Controlled Drugs and Substances Act and hence this tells me the anti-cannabic war ain't going to stop anytime soon in the country of Harper.

    http://www.jango.com/profiles/44436821

  9. #9
    Finally Resting In Peace medpot's Avatar

    Join Date
    Mar 2006
    Posts
    2,786
    Thumbs Up/Down
    Received: 28/0
    Given: 5/0
    Rep Power
    19

    0 Not allowed! Not allowed!

    Default Injunction Documents 1622 pgs (The Rant) Part 1

    Received by email from Jason Wilcox

    Injunction Documents 1622 pgs (The Rant) Part 1




    Coalition Facebook Group 2000 members
    https://www.facebook...nAgainstRepeal/
    MMAR Coalition against Repeal v.2.0

    In this video we discuss Fire stats, Mould, stats, LP how many are there or
    will there be, the Crowns official position on the Charter and our Gardens.

    Lets discuss the facts as presented! Join us on Facebook and get all 1622
    pages of legal documents from the links below! Read our side and the Crowns.

    Notice of Motion :
    http://www.johnconro...on_filed_e1.pdf

    Affidavits: http://www.johnconro...fidavits_e2.pdf

    --

    Sincerely,

    Jason Wilcox

    MMAR PPL/DPL Coalition against Repeal

    Founder & BC National Steering Committee Member
    www.mmarcoalitionagainstrepeal.com
    coalitionagainstrepeal@gmail.com
    Click here to donate today: https://www.paypal.com/ca/cgi-bin/we...e90bd72966c40c

    Mobile: 604-562-7731

    Face Book Coalition Group
    https://www.facebook...nAgainstRepeal/

    Co-Founder/Director

    The Cannabis in Canada Society

    www.cannabisincanada.com

    www.cannabisincanada@gmail.com

    Mobile: 604-562-7731

    Vancouver, B.C.

    *Contact me on Skype* Jason.Wilcox39

  10. #10
    Finally Resting In Peace medpot's Avatar

    Join Date
    Mar 2006
    Posts
    2,786
    Thumbs Up/Down
    Received: 28/0
    Given: 5/0
    Rep Power
    19

    0 Not allowed! Not allowed!

    Default MMAR Coalition Update Feb 17th 2014

    Received by email from Jason Wilcox


    MMAR Coalition Update Feb 17th 2014


    We now have our 4th concert in the works for Toronto. With the success of our benefit fundraiser concert in Nov we raised $17,000 and allot of eyes.

    At present we are awaiting a motion for Injunction to be heard on March 18th at 9:30 am in the federal court house. A decision on the Injunction will not be handed down that day. We will have an answer prior to March 31st so stay calm and if your interested in some reading material Mr Conroy has been so kind as make all legal documents pertaining to the Injunction available at there links

    Notice of Motion: http://www.johnconroy.com/pdf/Notice...n_filed_e1.pdf
    Affidavits: http://www.johnconroy.com/pdf/Affidavits_e2.pdf

    We also have a concert coming up in Victoria at the Hush Club on Feb 26th at 1325 Goverment St which is a benefit fundraiser for the Coalition attached is the poster for the concert additionally here is the link http://www.mmarcoalitionagainstrepea...-the-mmpr.html We encourage all Coalition members who can make it out or share the info with your friends.

    We have a third concert in London Ont on March 2nd info can be found here http://www.mmarcoalitionagainstrepeal.com/events.html

    We also have an active 2100 member private FB group your welcome to come join where like minded people are working toward the optimal outcome for our challenge. Please come and join us https://www.facebook.com/groups/MMAR...AgainstRepeal/


    We have raised $70,000+ of the $250,000 thus fundraising is key in 2014. All updates can be found here on our primary web-site http://www.mmarcoalitionagainstrepeal.com

    For all John Conroy updates please see here as well http://www.johnconroy.com/MMARlitigation.htm

    For pledging funds from the privacy matter to John Conroy you can download the form here and mail it back to Mr. Conroy http://www.johnconroy.com/pdf/Pledge.pdf

    Please download, sign, and mail to:

    Conroy & Company
    2459 Pauline Street
    Abbotsford, British Columbia
    Canada V2S 3S1


    --

    Sincerely,

    Jason Wilcox
    MMAR PPL/DPL Coalition against Repeal
    Founder & BC National Steering Committee Member
    www.mmarcoalitionagainstrepeal.com
    coalitionagainstrepeal@gmail.com
    Click here to donate today
    Mobile: 604-562-7731
    Facebook Coalition Group https://www.facebook.com/groups/MMAR...AgainstRepeal/


    Co-Founder/Director
    The Cannabis in Canada Society
    www.cannabisincanada.com
    www.cannabisincanada@gmail.com
    Mobile: 604-562-7731
    Vancouver, B.C.
    Contact me on Skype Jason.Wilcox39

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •