mumms the word issue 2 jan 2014

MUMM’S THE WORD
MARITIMERS UNITE FOR MEDICAL MARIJUANA SOCIETY
January 2014 Issue
was your privacy breached?
Law firms McInnes Cooper, Halifax,
and Branch MacMaster LLP, Vancouver, have combined legal teams to represent a proposed national class action
against the Federal Government. Separate claims were filed independently
on Nov. 25th in Federal Court.
This consolidated claim seeks damages arising from the breach of privacy
that occurred when Health Canada sent
letters to 40,000 patients and growers
via Canada Post, in envelopes indicating the recipient participated in the
"Marihuana Medical Access Program".
"As a result of Health Canada's error,
we have already spoken with a number
of people whose lives have been affected by this breach," said David Fraser, a leading Canadian privacy lawyer, and McInnes Cooper's lead lawyer
in this case.
“This privacy breach is unlike most.
It not only compromises the confidentiality of participants' personal and
health information, but it also compromises participants' physical safety and
security," said Kate Saunders of Branch
MacMaster LLP.
McInnes Cooper and Branch Mac Master most recently worked together
on the historic Manuge veterans' pension class action case benefitting approximately 8000 disabled veterans.
If you received, or expect to receive,
a letter from Health Canada with
"Marihuana Medical Access Program"
on the outside of the envelope you are
automatically a member of this legal
action. Go to: www.branchmacmaster.com/medical-marihuana/ or
www.mcinnescooper.com/privacyclassaction for more information. Con-
new regulations challenge
charter rights violation
fidential emails may be sent to privacy
[email protected] or
[email protected] to be
put on a list to receive electronic updates with respect to this action.
McInnes Cooper has a telephone line
dedicated to proposed class action
case members: (902) 454-8929.
‘
if a challenge was heard today, the
government would lose’
Mike Szymczak, Hamilton, Ont., was
denied access to medical cannabis
when he was recently incarcerated. He
feels his charter rights were violated
and that he suffered "cruel and unusual" punishment by being denied access.
The final indignity, an unfair drug
arrest, pushed the 31 year old with
chronic back pain to launch a legal
challenge against the federal government’s new medicinal cannabis rules.
Szymczak has filed a submission to
the Ontario Superior Court, claiming
the federal government’s move to cancel patients gardens is unconstitutional.
Due to affordability issues it violates
principles entrenched in the Charter of
Rights and Freedoms.
Legal expert Alan Young feels the
success of Szymczak's challenge depends on, among other things, the
shape the new program takes as it is
rolled out. He did tell CBC Hamilton
that, “If a challenge is heard to day,
the government would lose.”
Szymczak has not received word if
his submission will be heard.
sane conversation overdue
Cannabis
Cookie
Case back
in Court
Kirk Tousaw presented arguments on
Owen Smith’s behalf to the BC Court of
Appeal in Vancouver on Dec. 6th, 2013,
trying to preserve Smith previous constitutional victory against Health Canada from
April 2012. Smith was, at the time of his
arrest, the head baker at the Cannabis
Buyer’s Club of Canada-Victoria outlet.
In excess of 200 cookies, plus various
cannabis infused oils, were what the RCMP
confiscated. Smith was charged with intent
to traffic and unlawful possession of marijuana.
In 2102 the Global Commission on Drug
Policy proclaimed, “The global war on
drugs has failed, with devastating conse
quences for individuals and societies around
the world.”
Also last year, according to a poll con
ducted by Toronto’s Forum Research, 65%
of Canadians supported relaxing cannabis
laws. Certainly sane conversation about the
cannabis conundrum is long overdue.
Compared to the ‘tough on crime’ Con
servatives, Trudeau and the Liberal Party of
Canada are basing policy on the will of the
people, facts and evidence; NOT ideology
and rhetoric.
When the Netherlands relaxed cannabis
laws they simultaneously drew a line in the
sand between ‘hard’ and ‘soft’ drugs. They
coupled it with honest, science based educa
tion and positive outcomes were realized.
Debbie StultzGiffin
East Coast Community Leader;
NORML Women's Alliance of Canada
class action to retain
grow permits filed
A proposed national class action suit,
Since the 2012 court decision, BC patients with four representative Plaintiffs, was
have been able to make and use various
filed in the Federal Court of Canada in
cannabis extracts, including cookies.
Vancouver on Nov. 29th, 2013, against the
Federal government in regard to the uncon“The fact of the matter is the sky hasn’t
stitutionality of the proposed changes to the
fallen,” said Tousaw.
This action, filed by Conroy & Co., is on
“We’ve seen patients benefit in BC in
ways they are deprived in other provinces.” behalf of all Canadians who have been
medically approved to use cannabis as
Smith had this to say of his recent day in
medicine.
court," Kurt only needed a few minutes to
The action claims that all medically
bring up the central argument of the case
approved
patients have the constitutional
that the crown did nothing to address.
right
to
produce
their medicine for themwhich is the fact that the tricomes are the
message and the plant itself is just the mes- selves or, if unable to do so, have a caregiver do it for them. If successful it allows
senger.”
for the use of cannabis in any form and for
The decision will be released at a later
patients and their medication providers to
date.
Page 2
The number of cannabis consumers in
the 1318 year old category decreased.
The lifetime prevalence rate of cannabis
consumption dropped. Hard drug use even
diminished.
Trudeau answering anyone’s questions
about how he would liberalize cannabis
laws is not a problem, it is actually a part
of the solution!
continue to produce in a 'dwelling house'
and outdoors. Orders will be sought to
exempt individuals medically approved
from the change in the law pending the
hearing of this matter.
This would preserve the MMAR until the
government makes appropriate amendments to ensure the full scope of patient's
constitutional rights is protected without
unreasonable, inconsistent and unnecessary restrictions.
The MMPR is effective April 1, 2014,
only 4 months away. It is anticipated
that licensed producers will not be able
to produce a sufficient quantity to ensure
that all of approved patients have
continuous access and supply.
MUMM’s The word
mountie with PTSD has
uniform confiscated
Cpl. Ronald Francis, NB, received a
prescription for cannabis on Nov. 4th
to help with symptoms from career
induced PTSD . Francis experienced
stress on the job early in his career
while serving the First Nation in Davis
Inlet and in Kingsclear First Nation.
He is permitted 3 grams a day,
though he doesn’t typically smoke that
much.
“I get up in the morning, have my
coffee and the marijuana. I go at
lunchtime, have a marijuana joint, and
then again in the evening. That would
be my medical regime. But that may
change with my tolerance to THC. It
may take two joints in the morning, I
don't know," said Francis.
Francis, who was performing administrative duties, said smoking cannabis
has no negative effect on his ability to
be a police officer. Shortly after there
release of the video he was put off on
medical leave and the RCMP confiscated all of his uniforms.
While the RCMP accept that Francis has the right to consume cannabis,
they take issue with members smoking I t in public or in uniform.
Francis was recorded smoking cannabis while in his red serge in an effort to highlight the skyrocketing rates
of PTSD in the ranks of the RCMP,
and the lack of support mechanisms
for affected members.
RCMP Commissioner Bob Paulson
says he’s very embarrassed for Francis. He told a House of Commons
committee it was “awkward and disappointing” when Francis made headlines .
The RCMP says it will try to help
members suffering from PTSD but it
will not hesitate to medically discharge members who are ultimately
unable to return to a useful role within
the force. Ultimately, in the case of
Francis, the RCMP acted to make sure
he wasn’t exploited by others, Paulson
said.
medical cannabis forum set for february
With the state of medical cannabis in
Canada, MUMM decided to resurrect a
conference style afternoon for members
and interested others. Therefore, we
are hosting a free Medical Cannabis Educational Forum Feb. 8th, 2014, from 1-4.
Speakers, both professionals and activists, will address medical cannabis and
the law at the Bedford Legion. Questions
will be answered and myths dispelled re:
pending legal actions against the federal government regarding both patient’s constitutional and privacy
rights! There will be discussions on the
transition from the MMAR to the
MMPR, and how it affects patients.
New paperwork for doctors will be
available. Actions for April 1st, 2014,
both on Parliament Hill and at local
MP’s offices, when the MMPR come
into full force and effect, will be
discussed.
Dinner and entertainment
will follow for $10.00 (tickets at the
door).
Get informed, get involved and get
next month’s issue of “MUMM’s
The Word” for further details on
this event.
Page 3
cannabis in the
czech republic
Medical cannabis is legal in many European countries, Israel, 20 U.S. states plus
the District of Columbia. The Czech Republic legalized medical cannabis by an
overwhelming majority. The law became
effective April 1.
Investigators from Canada, Germany,
Holland and the US conducted a webbased survey with 21 questions assessing 950 patients' perceptions of different
types of cannabinoid-based medicinal
products while ascertaining preferred
modes of consumption.
Most survey participants reported that
cannabis was more cost-effective and
posed fewer side effects than cannabisderived
pharmaceuticals. Participants were
20,000 patients eligible for cannabis theralso
more
likely to report greater satisfacapy lack legal, affordable access. Police
tion
with
smoked
or vaporized forms of
have largely ignored renegade growers who
cannabis
compared
to products requiring
technically would face prison.
oral dosing.
The Health Ministry, which fiercely conCannabis smoking, closely followed by
tinues to oppose legalizing medical cannabis, has created access barriers for patients vaporizing, was preferred for ease of titration, while pharmaceutical cannabinoids
by banning health insurance companies
ranked lowest. The rapid onset of effects of
from covering costs. The maximum
amount patients may possess is 30 grams/ inhaled cannabis allows for easier dosage
titration.
month. Medical cannabis can legally be
imported from Holland at $10/gram.
The data suggests there is good satisfaction with inhaled cannabis, or tincture. In
In a nation where the average monthly
salary is $1,300 and the average pension is fact, investigators concluded that cannabis
was considered to be superior by partici$500, patients tend to obtain cannabis by
pants over cannabinoid based pharmaceutigrowing it or from the Black Market.
cals.
In October, the government launched a
crackdown on stores selling supplies for
growing cannabis by conducting about 100
raids, putting dozens of people under investigation.
MUMM
in the media
Stultz-Giffin, plus Melanie Stevens,
co-founder of the NS Marijuana
Party, played a role in keeping the
atrocities committed by the federal
government against chronically ill Canadians front and center in Maritime
media.
The Dec.6th Rick Howe Show featured
Gignac discussing the cost of medical
cannabis and the negative implications
of the MMPR for patients and their
families. Gignac stated one in every
380 Nova Scotians have legal medical
cannabis requirements. Should the
province be forced to pay the tab come
April 1/14, based on the 10 gram/day
average that Health Canada has stated,
it will be in excess of $150,000,000.
Gignac also surmises that, “expert
growers not wanting to face bankWhen the ink on the first edition of
ruptcy” may continue to grow their
MUMM’s The Word was drying, many
own and overages may end up on the
scenarios on the Canadian medical canstreet, or patients may be forced to go
nabis front were playing out. Many
the pharmaceutical route and
MUMM members including Chris
then unload the narcotics on the Black
Subjects who consume cannabis as medi- Backer, Tony Beare, Marcel Gignac
Market creating even more problems.
cine prefer the actual plant to pharmaceuti- (also the Communication Director for
His recommendation – “Fix the old
cal derivatives according to The Journal of the Medical Cannabis Patients
program!”
Psychoactive Drugs.
Alliance of Canada) and Debbie
patients
prefer natural
cannabis
With the MMPR looming patients will be losing the right to grow their own
medicine. Countless physicians are reluctant to take part in the new program.
The onus for assigning legal patient designation will fall squarely on the
shoulders of the doctors and nurse practitioners of this country, in spite of the
CMA’s overwhelming concerns over these new regulations.
Corporate cannabis costs remain at an overinflated out of reach price for
most patients. The increase in cost will be upwards of 750 percent.. Mandatory
minimums of 6 months for 6 cannabis plants are in place! These are dark days
for chronically ill Canadians needing cannabis for therapeutic purposes!
purposes!
Please join MUMM as we work to protect
patients and promote change.
change