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CRIMINAL JUSTICE

Paquette v. Canada (Attorney General)

T-629-01

2001 FCT 891, Blais J.

14/8/01

4 pp.

Motion to vary condition of exemption (authorizing possession of marijuana for medical purposes) obtained by plaintiff pursuant to Controlled Drugs and Other Substances Act, s. 56, which gives no right to import marijuana--Plaintiff claiming unable to obtain marijuana, authorized by legal means to use, without going to organized crime, whereas simply trying to legally obtain prescription for which has authority--In present circumstances, not possible for Court to give favourable ruling on authorization to import--If Parliament or proper authority decides individuals should be given authorization to use substance hitherto ruled unlawful, such persons should legitimately be in position to obtain said substance without it necessitating unreasonable delays or inability to obtain supplies without resort to illegal means, or worse, to organized crime--Application must therefore be dismissed, but defendant strongly recommended to take necessary steps as quickly as possible to give full effect to provisions contained in s. 56 exemptions--Controlled Drugs and Other Substances Act, S.C. 1996, c. 19, s. 56.

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