Ontario Court of Appeal court dates have been chosen for R v. Mernagh. The court ruling gutting Canada’s federal medical marijuana program, personal possession and cultivation laws is set to be heard March 5 and 6.
A small team of talented lawyers will descend on Toronto, ON, Osgoode Hall for two days to argue before a panel of three judges. Earlier this summer federal prosecutors won a reprieve on a 90 day marijuana legalization deadline. In exchange for a legal time out – prosecutors were ordered to have their case ready by mid-November. Team Mernagh was given an option to chose the dates. Given the lengthy prep required to defend their victory they’ve opted for March. Training will start in the new year.
Paul Lewin will represent Matthew Mernagh. Several interveners have expressed interest in becoming positively involved. These community driven agencies will be sending lawyers who will seek to address the court as third parties. Given the scope of The Mernagh Ruling having more than one lawyer working the appeal judges is important.
Should medicinal marijuana patient Matt Mernagh be allowed to grow his own cannabis without a Health Canada license? Mernagh argues he is unable to get his doctor to sign a Health Canada med pot application. Ontario Superior court judge D.J. Taliano concluded less than one half of a one percent of Canadian doctors have signed applications. Prosecutors argue the problem is not with the federal program, but with doctors’. Mernagh retorts the federal government has tasked doctors as gatekeepers to a program they’ve had no input on. Canadian Medical Association has written Health Canada expressing concerns that have gone un-answered.
Justice Taliano ruled medicinal marijuana is not treatment of last resort. As Health Canada contends. Canadians should not have to try a slew of pharmaceutical medications before choosing plant therapy. To cope with doctor unwillingness the justice suggests alternative therapy practitioners be allowed to sign applications. With no federal legal medical marijuana program accessible to sick Canadians, he determined Canada’s marijuana laws for personal cultivation and possession un-constitutional. Mernagh’s marijuana grow charge was squashed and he was granted an exemption from federal marijuana laws. Allowing him to grow marijuana legally.
Mernagh webcasts live from his legal marijuana grow room on Sunday nights at 9 pm est via Livestream. The show and previous shows are available on demand.