Article by Gavin Clark, High! Canada
Patients Without Care was started by like minded individuals to help organize those affected by the Canadian governments refusal to comply with the law and make medical cannabis accessible in our communities. By creating pressure on the federal government with a class-action civil suit we aim to:
To gain compensation and public awareness of the damage inlicted on those in need of cannabis as medicine by creating barriers to accessing cannabis in the community (i.e. refusal to comply with R. v. Smith and Allard et. Al. v. Canada by enacting Section 7 Charter compliant legislation resulting in illegal Police actions like Project Claudia and others).
Force the government at all federal, provincial and municipal levels to table legislation on medical cannabis issues that is compliant with our Constitution and Section 7 of the Charter therein. (The Canadian Charter of Rights and Freedoms IS ALSO KNOWN AS Section 52 of the Canadian Constitution)
On Saturday May 5, my wife Sarah and I came to the 20th Annual Global Marijuana March for a few speciic reasons. Primarily, as an industry consultant and cannabis educator, I was asked by the organizers to be one of the speakers after the march this year. I chose to speak about Patients Without Care and the need for real access to cannabis as medicine in the community.
Section 7 of the Canadian Charter of Rights and Freedoms guarantees “security of person” rights “in accordance with the principles of fundamental justice”. These rights are being lagrantly violated by all levels of government through a combination of misinformation, willful ignorance and in many cases, demonstrable malevolence aimed at medical cannabis patients by those empowered to enforce the law. All of these violations of fundamental constitutional rights can be pursued against those who are responsible with civil actions.
I would point out that the irst obligation of any police oficer in Canada is to uphold the Constitution. By pursuing a criminal course of action against those who assist others to access cannabis in order to relieve their suffering, police are not upholding the Constitution as speciically outlined in R. v. Smith and Allard v. Canada. In these cases the courts ordered the government to draft and enact Charter compliant legislation on this issue. This resulted in the change from the initial M.M.P.R. (that allowed for the establishment of the Licensed Producers), to the now active A.C.M.P.R. that allows for home growing like the earlier M.M.A.R. Most crucially, the legislature failed to remove the criminal sanctions against those who would assist others access cannabis to relieve their suffering.
The current Trudeau Government declined to appeal the Allard ruling thereby permanently accepting its outcome. Our intention with the class-action suit is to ask a court for damages for failure to comply with these rulings. These rulings are fur the r re infor c ed in l aw by the judg ement s of R. v. Parker, Hitzig v. Canada and the landmark decisions in R. v. Morgantaler and R. v. Rodriguez.
To get involved in the class-action suit, you can visit the Patientswithoutcare.ca website or email email@example.com. We would be thrilled to have as many plaintiffs as possible to convince the government to correct the vital issue of access to cannabis as medicine in the community.
I’ve been involved with the cannabis industry since before its inception. As a student and Crohn’s disease patient, I began studying the issue academically in 1993. Since then I have been a volunteer of the oldest compassion club in Toronto, C.A.L.M. and involved in many ways on many different levels with advocacy, lobbying and starting my own cannabis consulting business in 2013.