A former North Vancouver Mountie is suing the government and the RCMP for raiding his home twice and seizing his medicinal marijuana supply.
Carlos Cavaco and his common-law wife Marnie O’Neil filed the lawsuit against Health Canada, the Minister of Public Safety and the RCMP in B.C. Supreme Court Aug. 25.
The couple, who both have licences to use and grow medical marijuana, are suing for damages for “assault, false imprisonment, invasion of privacy, intentional infliction of nervous shock and loss of reputations.”
They said that the two raids — in December 2009 and July 2010 — have left them stressed, broke and suffering physical and emotional deterioration.
As a result of having his pot supply seized, Cavaco — who suffers from multiple sclerosis — has had to take large quantities of morphine and has developed an addiction to that, according to the lawsuit.
In the past, however, Cavaco could easily have been on the other side of the dispute.
During the mid-1980s, he was an officer with the North Vancouver RCMP, whose brief career included two dramatic incidents.
In August 1987, a motorcyclist died after colliding with Cavaco’s police car in the early morning hours at Fell Avenue and Marine Drive.
A year later, in 1988, Cavaco was investigating a report of a suspicious man, when the man stabbed him twice with a knife.
Cavaco then shot the man.
He later quit the RCMP and moved to Ontario, eventually moving back to Sooke, B.C.
He was diagnosed with multiple sclerosis in 2000 and is in the late stages of the disease, according to the suit.
He is now in a wheelchair, is blind in one eye and has suffered degeneration in the use of his hands, making it impossible to hold things, feed himself or use the washroom without help.
Cavaco has been part of the medical marijuana program since 2000 and requires “a significant quantity of dried cannabis per day” — up to 30 grams — according to the suit.
Doctors, however, have been reluctant to prescribe that much.
At one point, Cavaco was growing 40 plants in order to supply himself with enough pot.
O’Neil — who acts as Cavaco’s caregiver — also suffers from a variety of ailments including spina bifida, severe sciatica and fibromyalgia. She also has a licence to use and grow marijuana.
According to the lawsuit, police told the couple they raided the medicinal grow op because the amount of pot being grown far exceeded the amount allowed by Health Canada.
Neither the RCMP nor Health Canada has yet filed a response to the claim. None of the claims have been proven in court.
– Article originally from North Shore News.