APRIL mumms the word final INSERT

MARCEL GIGNAC
Communications Director
Medical Cannabis Patients
Alliance of Canada
Changing of the Guard
at Valley Hobbyponics
Valley Hobbyponics and
Hemp Supplies is about to hit tha
massive milestone on April 20
as Luke Morin, Steve Miles
right hand man, takes the helm.
Morin has been a valued em
ployee at Valley Hobbyponics
since the shop opened the
doors in October, 2011, bring
ing his knowledge base as a
patient who grows their own
medicine to the mix.
Miles is about to go into re
tirement for the second time in
his hydroponic career, ena
bling him more time to focus
on his family. Miles founded
Steve's Hydroponic Headquar
ters, across from the cemetery
on Sackville Drive, which he
ran from 1999 until 2011, when
Doug Gallant assumed owner
ship of the shop.
Miles, always a people per
son, has made customer ser
vice and satisfaction a priority
at both stores and Morin's phi
losophy and approach will be
the same. With the injunction
going in place March 21st,
Morin and Miles noted that the
business saw an immediate
influx as patient began return
ing for light bulbs and nutri
ents to restart their medical
gardens.
Morin feels at this point that,
“Business will only get bigger
and better!”
Plans are underway for a two
day sale (April 25 and 26th) that
will involve a 20% in store sale,
giveaways, a BBQ and more
surprises that Morin is not will
ing to divulge at his point!
Future customer sales to
MUMM members will involve
an automatic 10% discount off
regular priced items upon pres
entation of their MUMM mem
bership card.
Miles smile and pleasant man
ner, as well as his dog Tumbles,
a nearly permanent
fixture in the New
Minas location, will
be missed at Valley
Hobbyponics by all
who have come to
know him through
his years of working
with the public and
his support of patients who use
cannabis as medicine.
Miles has been a MUMM
member and supporter from our
early days,
and hosted
MUMM's first two annual Har
vest Fests. We would like to take
this opportunity to say, “Thanks,
Steve and enjoy a well deserved
rest and family time!”
We also wish Luke every suc
cess in the world as he faces this
new challenge and opportunity!
I have a fatal illness which
has no approved medication. I
can have many off label pre
scriptions that may help with
some symptoms but will end
up making me worse by doing
more damage in the long run.
These medications would be
subsidized at great cost to the
taxpayer. Because of my dis
ability, I am unable to work
which means I am forced to
live on $1000 a month.
For the last five years I
have been seeing great im
provement to both my health
and quality of life. I have
done this by using medicinal
cannabis.
On April 1st, the program
that I have been relying on to
stay alive will end and will
be replaced by a new program
that has been based on com
plete lies. Such reasons as a
risk of fire and mold are un
founded with an outdoor gar
den. Or the diversion of medi
cal cannabis to the streets
when the RCMP's own 2012
numbers state that only
0.0013% of licensed patients
have done this. (4% of senators
are guilty of fraud, yet they
keep
the
Senate?)
While Health Canada claims
that they consulted with all
stakeholders, we know that is
a lie, instead of patients and
growers, they consulted with
dispensaries and clubs that
were selling cannabis illegally
for profit.
I am now being told that if
I don't comply with this im
proved' program, then Health
Canada will send Law En
forcement to my residence.
My cost to produce my own
medicine naturally and or
ganic with no risk of fire or
mold for $500 per year will
result in my being forced to
pay over $150,000 a year for
plants grown with chemicals
and treated with radiation.
My question is, How can I
comply? My future is bleak. It
is impossible for me to pay
these prices for an inferior
product. My only choices are
to suffer and die (we can't have
assisted suicide so I get to suf
fer), or to break the law. If I
break the law I will either end
up in prison where I will suffer
and die, or I can fight back and
use the 'legal assisted suicide'
by having the police kill me.
(No/less suffering.)
The really sad part ... I am
not the only one.
(Written prior to
March 21st)
HELP WANTED IMMEDIATELY
Valley Hobbyponics, New Minas
references a MUST
retail and gardening experience
an asset
apply in person or by email to
[email protected]
“PATIENTS,
NOT
USERS”
Privacy of class claimants upheld in case against Health Canada
“We are very pleased that
the Court has recognized
the Importance of ensur
ing that the Plaintiffs'
right to keep their health
information private is
maintained throughout
this proceeding."
Jane O'Neill of McInnes Cooper
who brought the motion on behalf
I
n, 2014, the Federal Court of
Canada (the Court) agreed
that to deny the plaintiffs
anonymity in the court pro
ceeding would disclose the very
information they seek to protect
and exacerbate the damage and/
or risk of harm that has already
been caused by Health Canada's
mailing that identified them as a
participant in the Program.
Health Canada, relying on
newspaper articles and internet
research, argued that public opin
ion about marihuana use has
changed to be more accepting.
The Court rejected this evidence
as irrelevant, explaining:
“What the Plaintiffs' mari
juana use discloses is their medi
cal and health information. The
Plaintiffs are patients, not simply
"users". Disclosing their identi
ties discloses that a course of
treatment has been prescribed by
them by a medical doctor, and
that they suffer from serious
health conditions and symptoms.
Identifying the Plaintiffs by
name or information that dis
closes their personal identity
also discloses that they have or
“It is important that that
the Court recognized that this
is not just about medical
marijuana but that the mem
bers of the proposed class are
affected by serious health
conditions which were dis
closed by Health Canada's
privacy breach.”
Ward Branch of Branch McMaster,
co counsel for the proposed class.
Part / Full time available
422 Granville St.
Port Hawkesbury
Nova Scotia
(902)- 625-7420
are likely to have medical mari
huana in their homes some
thing that Health Canada itself
saw as a serious safety and
security risk. Accordingly, I am
satisfied that in the within case
of John Doe and Suzy Jones,
without the protection they seek
on this motion, the important
issues they raise in their
Amended Statement of Claim
may not be determined in this
forum, and that the issues they
raise regarding patient rights,
privacy and whether Health Can
ada owes a duty of care and has
breached that duty and is liable
are issues that are in the public
interest to be determined. The
Plaintiffs have requested only
that their personal identity be
protected and with minimum
intrusion on the open court proc
ess."
The law firms of Sutts, Stros
berg LLP, Charney Lawyers,
Branch MacMaster LLP and
McInnes Cooper commenced a
proposed class action against the
Government of Canada on be
half of all persons who were sent
a letter from Health Canada in an
envelope that referred explicitly
to the "Medical Marihuana Ac
cess Program".
Jane O'Neill of McInnes
Cooper who brought the motion
on behalf of the plaintiffs says,
"We are very pleased that the
Court has recognized the impor
tance of ensuring that the Plain
tiffs' right to keep their health
information private is main
tained throughout this proceed
ing."
“This is a victory for access
to justice,” said Ted Charney of
Charney Lawyers, co counsel
for the proposed class. "It is
common sense that the Court
should step up to protect the
Plaintiffs so they can have their
day in Court without being re
victimized in the process."
“It is important that that the
Court recognized that this is not
just about medical marijuana,"
said Ward Branch of Branch
McMaster, co counsel for the
proposed class. But that the
members of the proposed class
are affected by serious health
conditions which were disclosed
by Health Canada's privacy
breach."
Source: McInnes Cooper
Class members are encouraged
to register and stay up to date at
www.marijuanaclassaction.com.
Ted Charney of Charney
Lawyers, co counsel for the
proposed class.
“This is a victory
for access to justice.
It is common sense
that the Court should
step up to protect the
Plaintiffs so they can
have their day in
Court without being
revictimized in the
process.”
Exit 12, Bridgewater
your good vibes hemp shop
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5
Excerpts from witness Susan Boyd’s
Affidavit for the Federal Injunction
Med-Marijuana Patients file Individual Statements of Claim
against Federal Government
“it is my opinion based on my past research and in particular my research for the
book "Killer
Weed" that the situation across Canada with respect to the dangers from
Killer Weed
"grow ops" generally and "medical marihuana grow ops" specifically have been
greatly exaggerated and overstated and are undoubtedly limited to a few exceptional
cases, at least in relation to the medical marihuana situation. “
John Conroy was in the British
Columbia
Federal Court on March
18th to file an injunction to stop
Health Canada from fully imple
menting the MMPR and to preserve
patient's gardens until such a time as
the Federal Court can fully examine
the constitutionality ofth the pending
program. The March 18 hearing will
be the presentation of affidavits only.
There will be no witnesses take the
stand. One of Conroy's prominent
witness is Susan Boyd, Professor,
Faculty of Human and Social Devel
opment, University of Victoria,
Victoria, British Columbia. Boyd is a
drug policy expert and is also co
author of Weed Myths. Several ex
cerpts of her affidavit follow:
11.
11 In that section we also point out
the recent media attention given to
the marihuana issue by politicians
despite overwhelming support for
legal medical marihuana programs
by the Canadian population and
numerous court rulings that safe,
affordable and legal marihuana
should be available to medical mari
huana patients in Canada. We note
the various differences being taken
by various townships and cities and
the federal Minister and the asser
tions of public safety and health risks
and once again, similar to news me
dia claims about the risks associated
with marihuana grow ops, the politi
cians we quoted fail to substantiate or
provide evidence in support of their
positions written and otherwise. We
point out that not all Mayors are
unanimous on this issue and some
are quite supportive and participate
in the program. We note in particular
the comments of Joy Davies as such
a person and patient pointing out that
people who need marihuana for
medical purposes will not have a safe
and affordable access to the plant once
Personal Production Licences are
cancelled or eliminated. We note the
June 11th, 2011, Health Canada an
nouncement with respect to the pro
posed improvements and found once
again that they were typical of news
media claims with no evidence being
provided to substantiate how many
Canadians or what groups of people
had concerns about the medical mari
huana program simply making the
usual assertions about exploitation by
criminal elements, electrical and fire
hazards and excess mould and poor air
quality. We note that the new pro
posed limit to Licenced Producers and
the elimination of personal production
or by a designated caregiver will not
only increase the cost of medical
cannabis significantly leading to an
other hardship for patients as such is
not covered by Provincial drug pro
grams, unlike other medicines, and
also because it will be limited to free
market production leaving cannabis
dispensaries out of the loop so there
will be limits to patient access to
specific strains, including other effec
tive forms, such as tinctures and per
haps edibles and certainly anything
other than "dried marihuana" which is
again a limitation imposed
12.
12 As we state at page 161: “By
removing personal licences to grow
marijuana, patients are vulnerable to
market prices and may be denied
access to strains of cannabis they have
developed that work best to alleviate
their symptoms.
The safety of personal legal canna
bis production sites could be easily
corrected by having better guidelines,
education, and monitoring of these
outdoor and indoor gardens. It seems
quite hypocritical to focus on safety
when Canadians throughout the coun
try have unmonitored greenhouses
and outdoor gardens for other pro
duce. In addition, given the chemicals
and pesticides used for industrial food
HRM EMPLOYEE RE-INSTATED
On February 21, 2014, Hali
fax Regional Municipality lost
its bid to fire a worker accused
of cannabis smoking while on
the job when the Nova Scotia
Appeal Court released their de
cision .
The Appeal Court upheld a
lower court ruling that stemmed
from an arbitrator’s decision to
reinstate “Mr. Jeffrey”, who had
been fired in early 2012.
“It is clear that the employer
was making up policy or rules as
the case proceeded,” Justice Ted
Scanlan wrote in the decision.
“Mr. Jeffrey” had been sus
pended and then placed on paid
leave after a supervisor reported
smelling cannabis in a city truck
in which two workers were sit
ting. The man accused of con
suming cannabis was fired be
cause he refused to submit to a
6
drug test, meet with a sub
stance abuse professional and
a city official.
He told the municipality
he used cannabis for pain
management but didn’t pro
duce proof, the ruling stated.
The Canadian Union of
Public Employees filed a
grievance. An arbitrator
agreed there was no evidence
of substance abuse or impair
ment. The municipality
sought a judicial review, but
Nova Scotia Supreme Court
Justice Gerald Moir decided
the reinstatement should
stand.
production, the focus on legal canna
bis growers seems misguided and
influenced by a small and vocal group
of critics, rather than by the needs and
constitutional rights of critically and
chronically ill Canadians who could
benefit from the medical use of canna
bis.
Health Canada's claims that medical
marijuana production sites are associ
ated with "criminal elements" and
endanger the "safety of children"
suggest that the changes to the
MMAR are politically motivated.
There is no comprehensive scholarly
and peer reviewed research to support
claims that legal medical marijuana
sites are linked to criminal elements or
pose safety hazards to children..."
13. In conclusion we note that news
paper coverage has created a persis
tent and resilient framework effec
tively shaping perceptions that all
grow ops or spaces where criminality
is linked with specific public safety
risks that bring issues like fire, mold
and other property damage to unsus
pecting safe neighbourhoods and
innocent home buyers.
14. In summary, it is my opinion
based on my past research and in
particular my research for the book
"Killer Weed" that the situation across
Canada with respect to the dangers
from "grow ops" generally and
"medical marihuana grow ops" spe
cifically have been greatly exagger
ated and overstated and are undoubt
edly limited to a few exceptional
cases, at least in relation to the medi
cal marihuana situation. Most studies
reported in the newspaper have over
stated the situation and exaggerated
the alleged problems leading politi
cians and others to seek to prohibit
them instead of ensuring public safety,
including safety from electrical, fire
and mold hazards through appropriate
regulation and inspection, including
proper construction and ventilation
and alarm systems as are available and
in use for many other activities that
I'd like to welcome you to
the Maritime Medical Mari
juana Show coming to you on
YouTube straight from Sack
vegas. Operating for more
than a year, the MMS has nu
merous episodes available for
your viewing pleasure and is
brought to you by Chris
Backer, a burn survivor,
MUMM member, and long
time activist. Backer is also
the founder of Karma Com
passion Society, where, he
says, ``We feel that if you
have a condition that can be
treated through the use of can
nabis, you should be able to
use it without fear of discrimi
nation, persecution, or fear of
arrest. In that capacity, we
strive to have fun as we in
form you about what's hap
are conducted in and about dwelling
houses or outbuildings without any
negative impact upon neighbours or
others whatsoever. There does not
appear to be any significant evidence
of significant impact from fires, mold
or public safety that has been docu
mented and supported by peer re
viewed research in Canada.
As of March 12, 2014, 57 Cana
dians, over half of them from
Nova Scotia, had filed a State
ment of Claim in Federal Court
in several provinces taking the
federal government to court to
challenge the fatally flawed
MMPR. Countless more patients
across the country are poised and
ready to follow suit.
Most of the Statements of
Claim are asking for one of three
remedies: remove cannabis from
the CDSA; reinstate patient gar
dens or provide financial com
pensation for the patient's medi
cation loss and/or investment in
garden expenses.
Following the lead of John
Turmel and three others from
Ontario, Stephen Burrows,
Digby, was the first to submit a
statement of claim in Nova Sco
tia. He was also the first patient
in Canada to file on line and
have it accepted, saving both
time and money. Submitting the
paperwork in person requires
seven copies. Burrows also was
the first to determine that the
procedure only cost $2.00 per
submission as opposed to the $50
or $150 that Turmel had antici
pated Turmel has developed a
kit to facilitate the process that
may
be
found
at
www.johnturmel.com/kits
Chris Enns did a presentation
to a crowd of over fifty patients
and caregivers on February 8th at
the monthly MUMM meeting
held at the Bedford Legion. 25
individuals were assisted with
filing their statements of claim
and many other attendees took
the necessary forms home for
further consideration or to share
with a friend or family member.
Enns, the second to file in the
province, ensured that all plain
tiffs will now be assigned a file
number and that will be the
mode of patient identification as
opposed to utilizing the patient’s
name, ensuring patient privacy.
Enns also facilitated home filing
for patients by leaving a blank
check with the Nova Scotia Fed
eral Court registrar, that will be
filled in when all filing is com
plete.
It was originally anticipated
that Motion Records would be
heard mid March, with the dates
varying from province to prov
ince according to the scheduled
date for federal court to sit in
each province. The first date
secured was for Toronto on
March 11, however, patients
who
had filed by March 5th received
notification that the Direction of
the Court, Chief Justice Cramp
ton that, “The motion returnable
in Toronto on March 11th shall be
removed from the General Sit
tings in Toronto and referred to
the Office of the Judicial Admin
istrator for the scheduling of a
Special sitting.” This sitting will
be in Ottawa.
In the Direction provided by
Justice Crampton, 25 Court File
numbers (one per patient filing)
were noted. He stated that the
Motion Records, seeking interim
or interlocutory relief pursuant
to s. 24 of The Charter , in light
of the hearing scheduledthin Van
couver on March 18 (Neil
Allard and others v. HMTQ) on
similar issues, would be stayed
until the case in Vancouver was
determined.
Patients are still being en
couraged to exercise their consti
tutional rights and file their
Statement of Claim. It is felt that
these actions, resulting in the
ever increasing file numbers
accumulating in Ottawa, will
make send a message to the
Federal Court about patients
deep concerns and outright fear
surrounding the end of personal
and small scale designated gar
dens.
(written March 12th)
Enns has also
developed an in
struction sheet that
is available at
www.mumm.ca or
check the “file”
section on The
Maritimers Unite
for Medical Mari
juana Society face
book page.
Patients testify at trial in Amherst
pening in the local medical mari
juana movement, as well as
bring you personal stories and
new ideas on growing, medicat
ing, and maximizing your use of
marijuana as medicine. Join us
as we shed light on lies and give
truth a chance to blossom.``
Maritime Medical Marijuana Show
Terry Wood
Hundreds of patients, previ
ously unable to locate an un
derstanding physician, ob
tained an appointment with Dr.
Rob Kamermans, from Coe
Hill, Ontario, at a mobile clinic
in Halifax in October 2011.
Terry (aka Flute) Wood paid
$250, had an appointment at this
clinic and received the coveted
signature allowing him to pos
sess, store and cultivate canna
bis for medical purposes
In the meantime, Kamer
mans was drawing the atten
tion, of Health Canada with the
copious amounts of exemption
paperwork hitting their front
lines baring his signature. He
also quickly became the object
of scrutiny with the RCMP and
the Ontario College of Physi
cians and Surgeons. Various
criminal charges were laid in
Ontario and Nova Scotia. All
medical cannabis permits, in
cluding Woods', authorized by
Kamermans, were declared null
and void.
Apparently Kamermans was
not legally allowed to set up a
temporary service in Nova Sco
tia as he was not registered with
the Nova Scotia College of Phy
sicians and Surgeons. Ironically.
the countless Skype appoint
ments that he held with patients
from all over the country had
been deemed acceptable.
In the gap experienced by
Wood between the expiration of
this exemption and locating an
other physician to assist, he was
raided by the RCMP, who lo
cated cannabis and cannabin
(aka cannabis resin/oil). He was
subsequently charged with pos
session of cannabis and oil with
the intent to traffic and was de
tained in Amherst jail for the
weekend.
Part of the evidence collected
to support the trafficking charge
was $65.00 that Wood had in his
pocket. When he stood in front
of the judge Monday morning
negotiating the terms of his re
lease, the judge stated that Wood
was a poor dealer if he only had
made $65.00. The cash was re
turned, but the charges remained.
On March 21st, Wood’s law
yer, Jim O’Neil, called on nine
patient witnesses, who told about
their medical need for cannabis
and/or oil. They also spelled out
for the court how they had suf
fered due to difficulties in ob
taining a physicians signature,
limitations on the use of their
medicine, limitations on produc
tion, cannabis being on the Con
trolled Drugs and Substances
Act and Health Canada’s delay
tactics in processing applications
in a timely manner.
Justice Scovil listened in
tently as four witnesses who had
testified in the Stephen Godfrey
trial took the stand. Marcel
Gignac, Cale Sutton, Stephen
Burrows and Debbie Stultz
Giffin, were joined by five new
witnesses, Anita Cyr, Phillip
Prall, Chris Backer, Bobby Dill
man and Cory Amirault.
Several witnesses were emo
tional as they discussed the
stress that the MMAR created in
their lives and how they are im
pacted with the decisions they
must make regarding their health
and liberty. Their emotion reso
nated in the courtroom, leaving
very few dry eyes, including
Justice Scovil.
Scovil stopped witness
Cory Amirault at one point to
ascertain that they were indeed
once neighbours, and to ensure
that neither lawyer objected to
this disclosure. Scovil also
granted immunity to all wit
nesses allowing them to talk
freely about their use and the
benefits of various extracts,
including oil, without fear of
future repercussion.
Court was adjourned until
March 31st when the prosecu
tor, Douglas Shafford, will
inform the court if he is able to
acquire funds to have the tran
scripts created in written form.
The direction the trial will
take from there will be deter
mined at that time.
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