Ontario court affirms that medical marijuana regulations are unconstitutional

On 7 October 2003, the Ontario Court of Appeal upheld the Ontario Superior Court of Justice decision in Hitzig, which found that the Marihuana Medical Access Regulations (MMAR) represented an unconstitutional barrier to accessing a legal supply of marijuana for persons with a recognized medical need. The Court of Appeal tailored its remedial order by striking down the second specialist test required for certain applicants, and eliminating the unconstitutional eligibility and supply provisions, rather than declaring unconstitutional the entire MMAR as the lower court had done. The court's declaration was made effective immediately, in order to maintain the prohibition for non-medicinal possession of marijuana under section 4 of the Controlled Drugs and Substances Act (CDSA), and to constitutionalize the medical exemption for marijuana possession created under the MMAR.     

Supreme Court denies leave to appeal in medical marijuana charter challenge

As previously reported in this publication, in January 2002 the Ontario Court of Appeal denied Jim Wakeford's claim that Canada's laws prohibiting marijuana possession and cultivation infringe his constitutional rights to liberty and security of the person. On 22 November 2002 the Supreme Court of Canada announced that it would not hear his appeal from that decision.     

Recent court rulings on medical and non-medical marijuana

The last several months saw important victories but also disappointments in litigation over criminal prohibitions of marijuana in Canada. Four cases are summarized below--two deal with claims regarding medical marijuana, the other two with recreational use.     

对一起非医疗事故纠纷案二审改判理由的几点思考

案情 1997年10月20日,原告庞某某因疝气入住被告某县人民医院诊治.同月22日,被告拟对原告进行手术,术前进行了普鲁卡因皮试,在实施硬膜外麻醉穿刺后,改为推入布比卡因和利多卡因.10分钟后,原告突然四肢抽搐、呼吸急促,继之呼吸、心跳骤停.经抢救,原告呼吸、心跳恢复.原告经被告治疗至同年12月21日方能下床活动,行走时偶尔双腿颤抖.     

对一起非医疗事故纠纷案二审改判理由的几点思考

案　情1997年 10月 2 0日 ,原告庞某某因疝气入住被告某县人民医院诊治。同月 2 2日 ,被告拟对原告进行手术 ,术前进行了普鲁卡因皮试 ,在实施硬膜外麻醉穿刺后 ,改为推入布比卡因和利多卡因。 10分钟后 ,原告突然四肢抽搐、呼吸急促 ,继之呼吸、心跳骤停。经抢救 ,原告呼吸、心跳恢复。原告经被告治疗至同年 12月 2 1日方能下床活动 ,行走时偶尔双腿颤抖。原告住院期间共支付给被告医疗费 335 0元 ,后因无钱支付医疗费 ,被告停止对其治疗。经原告家属要求 ,被告又继续为原告治疗。 1998年 8月 5日 ,被告通知原告出院 ,原告家属以原告未愈为…     

South Africa: constitutional court rejects constitutional challenge to law criminalizing prostitution

On 9 October 2002, a majority of South Africa's Constitutional Court dismissed appeals from convictions for prostitution and keeping a brothel, rejecting arguments that the law was unconstitutional. However, the minority decision, endorsed by five of eleven judges, found that the provision that made the sex worker but not the client guilty of a criminal offence was discriminatory and should be struck down.     

Ontario court recognizes constitutional equality rights of people "in receipt of social assistance"

On 13 May 2002, the Ontario Court of Appeal released its unanimous decision in the Falkiner case, which declared the definition of "spouse" in Ontario's social assistance legislation to be unconstitutional because it discriminates on the basis of sex, marital status, and receipt of social assistance. The case is significant for people living with HIV/AIDS, given that a high proportion live on social assistance and thus face discrimination.     

Health Canada unveils plan to distribute marijuana for medical use

Under pressure from the courts, Health Canada reluctantly comes up with a distribution plan to provide dried cannabis and seeds to patients using medical marijuana. The plan has been greeted with considerable criticism     

Forensic medical examination of refugees who claim to have been tortured

The United Nations Convention against torture prohibits repatriation of refugees if there is reason to believe they will be tortured on return to their country. A history of torture is therefore an important factor in making a case for asylum. In this study, the results of the medical examinations of 59 torture victims investigated at the Department of Forensic Medicine, University of Aarhus, Denmark, 1996-2002, are presented and discussed. Variables including age, sex, education, health, torture methods, condition of confinement, torture aftereffects, and findings at the forensic examination were registered in a database (Paradox) and analyzed. In 70%, aftereffects of torture could be documented. These included scars after fixation, burns, incisions, or flogging. Symptoms and signs from joints, muscles, and nerves were common in victims who had been suspended. Many of the victims of phalanga had painful feet and signs of walking impairment. A majority of the victims suffered from posttraumatic stress syndrome. An independent medical report offers an opportunity to evaluate and elaborate the story told by the victim and should be used in disputed cases. We have a duty to protect refugees against torture.     

浅谈医学会医疗损害鉴定专家出庭作证

《侵权责任法》统一了＂医疗事故＂和＂医疗过错＂在民事赔偿标准上二元化和医疗诉讼的诉讼案由及法律适用。然而,医疗损害鉴定的模式应如何走向,《侵权责任法》却没有提及。江苏省医学会大胆革新,开展医疗损害鉴定,在新修订的《民事诉讼法》进一步强调鉴定人出庭作证的背景下,江苏省医学会适应新形势组织医疗损害鉴定专家出庭作证,改变了以往医学会鉴定专家不署名、不出庭的历史,提高了鉴定公信力。     

Minister reaffirms commitment to provide medical marijuana, but delays continue

Amid ongoing doubts about the federal government's commitment to provide marijuana for medical use, the first Canadian clinical trial of smoked cannabis has been launched, and a Senate committee has released its controversial and much-anticipated report.