Appeal to BC Supreme Court has been filed. 

Here’s what we’re doing to ensure you have access to medical cannabis products.

A Email From John W. Conroy QC

Dear All,       PLEASE FORWARD TO ALL INTERESTED SUPPORTERS

 

I am writing to provide a brief update to all of you with respect to the above noted matters and to let those of you know who are able and willing to contribute to the funding both or either of these 2 court cases, one to the British Columbia Court of Appeal from the BC Supreme Court decision and in another new action in the Federal Court Trial Division.

 

With respect to the BC appeal from the decision of Chief Justice Hinkson in the BC Supreme Court upholding the validity of the Vancouver bylaws and ordering a closure of the dispensaries, without deciding the constitutional question before him, an amended Notice of Appeal has been filed and is attached.  We say that the Chief Justice, having granted private and public interest standing to the parties to argue the constitutional question, was obliged to decide it and his failure to do so was an error of law and a failure to provide guidance to all concerned on the valid constitutional question, particularly when the constitutional rights of medically approved patients are involved and that his decision with respect to the bylaws was also an error of law. Communications are now on going with the Federal government Department of Justice, BC Attorney General’s Department and the City of Vancouver lawyers as to ongoing procedures. An application is being put together for a stay of the Order to shut down on the grounds that to do so will interfere with the reasonable access of medically approved patients to their medicine and result in a violation of their constitutional rights by further exacerbating the supply shortage . A copy of the filed amended Notice of Appeal is attached.

 

Those of you wishing to help with the funding of that case should send funds(Cheques, money orders, bank drafts but not cash) or call Danielle Lukiv at 604 852 5110  (credit card payments) and funds should be made payable to:

 

Jack Lloyd, Barrister, ” in trust ”  for the ‘Vancouver Dispensary Appeal’ and sent to c/o 2459 Pauline St. Abbotsford ,B.C. V2S 3S1

 

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 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 awaiting 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

See the Court Document Here

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