Restaurateur, Pot-Smoking Patron Take Fight to Court

Federal government lawyers will ask a judge today to throw out the case of an Ontario restaurant owner who wants one of his former patrons stripped of his right to smoke medical marijuana.

This is the latest manoeuvre in the legal battle between Ted Kindos, owner of Gator Ted’s Tap and Grill in Burlington, and former customer Steve Gibson.

The restaurant owner is facing a human rights complaint for asking Mr. Gibson not to light up outside his business.

So Mr. Kindos is looking for a declaration from the Federal Court that people with a permit to smoke medicinal marijuana cannot do so in a public place or any licensed establishment.

He also wants the court to order Health Canada not to renew the permit of his former patron, arguing Mr. Gibson has not been in compliance with its terms of use.

Mr. Gibson contends in his human rights complaint that he’s being discriminated against because he has a disability. Mr. Kindos argues he could lose his liquor licence if he allows Mr. Gibson to smoke or hold the controlled substance in or out front of his restaurant.

The case is one of three dealing with medical marijuana working its way through the human rights complaints process in Ontario.

In court documents, federal government lawyers said they are seeking to dismiss the case, arguing there is no dispute that requires adjudication because Health Canada does not purport to authorize permit holders to smoke marijuana in violation of any applicable law or in an establishment subject to Ontario’s liquor licensing laws.

The regulations are “completely silent” in terms of where and when Mr. Gibson is authorized to use marijuana for medical reasons and there is no evidence he disregarded the terms of his permit in any way, according to the documents.

In addition, they argue Mr. Kindos lacks the standing to challenge Mr. Gibson’s permit renewal and that the regulations do not authorize Health Canada to refuse renewal of a permit on the basis an applicant has “flagrantly disregarded its terms.”

But Mr. Kindos’s lawyer, Gary Graham, said in court documents the medical marijuana regulations do allow Health Canada to refuse to renew a permit if any information, statement or other item in the renewal application is false or misleading.

He said compliance with the regulations also includes following an information document issued to permit holders advising that controlled substances should not be consumed in public places or in contravention of other applicable federal or provincial laws.

– Article from The National Post on November 2, 2009.


Judgment reserved in feud between Ontario restaurant, medical marijuana user

The Federal Court reserved decision Monday whether to throw out the case of an Ontario restaurant owner who wants one of his former patrons stripped of his right to smoke medical marijuana.

Ted Kindos, owner of Gator Ted’s Tap and Grill in Burlington, Ont., is looking for a declaration from the Federal Court that a permit to smoke marijuana for medical purposes does not authorize its use in or around a licensed establishment.

He also wants the court to order Health Canada not to renew the permit of his former patron, Steve Gibson, arguing Gibson has not been in compliance with its terms of use.

In seeking a dismissal, Justice Department lawyer Sean Gaudet said Health Canada does not purport to authorize permit holders to smoke marijuana in violation of any applicable law or in an establishment subject to Ontario’s liquor licensing laws.

Gaudet said permit holders are advised to abide by applicable laws but the regulations are “silent” as to where licensed patients can use marijuana. Health Canada has “no discretion” to revoke a permit based on where marijuana is consumed, he told Federal Court Prothonotary Kevin Aalto adding it is up to police to enforce applicable laws. A prothonotary performs some of the same functions as a judge in the Federal Court.

The dispute is venturing into uncharted legal waters because there hasn’t been a case addressing where the 4,000 Canadians with medical marijuana exemptions are allowed to smoke.

Kindos is facing a human rights complaint for asking Gibson not to light up outside his business. Gibson contends in his complaint that he’s being discriminated against because he has a disability. Kindos argues he could lose his liquor licence if he allows Gibson to smoke or hold the controlled substance in or out front of his restaurant.

– Article from Ottawa Citizen on November 2, 2009.

Comments

5 Comments

  1. Anonymous on

    Dont smoke it publically outside of a bar, IN FRONT of the doorway where people are bringing there kids into to eat dinner. If you need it that badly go home

  2. Anonymous on

    what a cock sucking douchebag, this bitter cunt is fucking lucky I don’t live anywhere near ontario, I would ride two greyhound buses in a single day just to smash his patio into a million pieces.

    he actually thinks he has the right to petition this court to block the renewal of this man’s prescription? we need to keep reminding people these are not recreational licenses. People aren’t doing this outside your patio to have fun with you or pick on you. Typical fucking greek adult, actually thinks he’s part of a higher class for owning a business. Typical greek child too, actually thinks we’re in a lower class than most people just because most people want us to be.

  3. fatigues on

    “In addition, they argue Mr. Kindos lacks the standing to challenge Mr. Gibson’s permit renewal and that the regulations do not authorize Health Canada to refuse renewal of a permit on the basis an applicant has “flagrantly disregarded its terms.”

    This is a winning legal argument; it’s a no brainer.

  4. Anonymous on

    “Medical Marijuana” would be so much more convincing of an arguement if it was not SMOKED. Vape that shit or eat it, but SMOKING is not convincing anybody that it is in the interest of health. Use your heads for something other than a hat rack…