Sandy420
Well-Known Member
Fundraising Report and Update from John Conroy in #Allard case #MMAR #healthcanada https://t.co/yXvb9jnkSI
We are now just over a month away from the beginning of the trial in Allard v. Canada, our constitutional challenge to the Marihuana for Medical Purposes regulations (MMPR) for failing to preserve the rights of “medically approved patients” to produce their own medicine or if unable to do so to have a caregiver do so for them, as provided for in the now repealed Marihuana Medical Access regulations (MMAR) and for continuing to deny access to cannabis (marihuana), other than in its dried form (as is being challenged in the British Columbia case of R v. Smith, that will now be heard in the Supreme Court of Canada is the first medical marihuana case on March 20, 2015) and the imposition in the MMPR of the 150 gm limit on a patient entitlement to possess, other than at their storage or production site.
The trial is set to proceed on February 23, 2015, for 3 weeks until March 13, 2015, in the Federal Court Trial Division located at the Pacific Center on the 7th floor (although the assigned courtroom might be on the 8th floor and we will advise when known) at 701 West Georgia St. in downtown Vancouver, BC. It will take place before the Hon. Mr. Justice Phelan, as a “simplified action” under the Federal Court Act rules that enabled an expeditious trial on this issue. Unlike a traditional trial this trial proceeds by way of affidavits and cross examination on the affidavits followed by people submissions. To expedite matters the schedule was set requiring completion of various tasks before trial.
The Schedule of witnesses
The schedule of witnesses has been almost finalized, subject to some minor adjustments that we have agreed to by letter to the court on Tuesday, January 19, 2015. We expect the final schedule will look like this:
Date
Plaintiffs Witnesses Name & Type of Witness Capacity/ Profession
February 23, 2015 (AM)Monday DAVEY, Shawn (Plaintiffs’ Factual) Plaintiff Patient
February 23, 2015 (PM) ALEXANDER, Brian (Plaintiffs’ Factual) MMAR Patient and Assistant to Mr. Davey February 24, 2015 (AM)
Tuesday BEEMISH, Tanya (Plaintiffs’ Factual) Plaintiff Patient
February 24, 2015 (PM) HEBERT, David (Plaintiffs’ Factual) Plaintiff MMAR DG for Spouse Plaintiff Beemish
February 25, 2015 (AM)Wednesday ALLARD, Neil (Plaintiffs’ Factual)
Plaintiff Patient
February 25, 2015 (PM) WALSH, Zachary (Plaintiffs’ Expert) Psychology Professor and Researcher demographics of patients
February 26, 2015 (AM)Thursday COLASANTI, Remo (Plaintiffs’ Expert)
Cannabis Cultivator expert and Patient
February 26, 2015 (PM) PATE, David (Plaintiffs’ Expert) Botany and Pharmacology expert
February 27, 2015 (AM) Friday Overflow and Arising Matters
February 27, 2015 (PM) NOT SITTING
March 2, 2015 (AM) Monday CAPLER, Rielle (Plaintiffs’ Factual
SHAW, Jamie (Plaintiffs’ Factual) Ph.D. Student and Coordinator and Project lead CANARY Study Pres. CAMCD re Dispensaries in Canada
March 2, 2015 (PM) KING, Mike (Plaintiffs’ Factual)
LUKIV, Danielle (Plaintiffs’ Factual)
WILCOX, Jason (Plaintiffs Factual) Update re MMPR LP’s situation
legal Assistant re MMAR complaints MMAR Coalition Coordinator re complaints received.
affidavits, specifically addressing the government of Canada witnesses indicated below. Consequently, we decided that it is unnecessary to cross examine their experts that are dealt with by our rebuttals. This way there experts do not get an opportunity and cross examination to comment upon our Rebuttal experts reports, and we are free to argue that they do indeed rebut the Defendants experts without having to cross examine them on the same material. Canada is free to argue that they do not. Usually, the credibility of an expert witness is not an issue unlike fact witnesses. This has enabled the above schedule to be condensed into the 3 weeks allocated in so far as the evidence is concerned.
We are now just over a month away from the beginning of the trial in Allard v. Canada, our constitutional challenge to the Marihuana for Medical Purposes regulations (MMPR) for failing to preserve the rights of “medically approved patients” to produce their own medicine or if unable to do so to have a caregiver do so for them, as provided for in the now repealed Marihuana Medical Access regulations (MMAR) and for continuing to deny access to cannabis (marihuana), other than in its dried form (as is being challenged in the British Columbia case of R v. Smith, that will now be heard in the Supreme Court of Canada is the first medical marihuana case on March 20, 2015) and the imposition in the MMPR of the 150 gm limit on a patient entitlement to possess, other than at their storage or production site.
The trial is set to proceed on February 23, 2015, for 3 weeks until March 13, 2015, in the Federal Court Trial Division located at the Pacific Center on the 7th floor (although the assigned courtroom might be on the 8th floor and we will advise when known) at 701 West Georgia St. in downtown Vancouver, BC. It will take place before the Hon. Mr. Justice Phelan, as a “simplified action” under the Federal Court Act rules that enabled an expeditious trial on this issue. Unlike a traditional trial this trial proceeds by way of affidavits and cross examination on the affidavits followed by people submissions. To expedite matters the schedule was set requiring completion of various tasks before trial.
The Schedule of witnesses
The schedule of witnesses has been almost finalized, subject to some minor adjustments that we have agreed to by letter to the court on Tuesday, January 19, 2015. We expect the final schedule will look like this:
Date
Plaintiffs Witnesses Name & Type of Witness Capacity/ Profession
February 23, 2015 (AM)Monday DAVEY, Shawn (Plaintiffs’ Factual) Plaintiff Patient
February 23, 2015 (PM) ALEXANDER, Brian (Plaintiffs’ Factual) MMAR Patient and Assistant to Mr. Davey February 24, 2015 (AM)
Tuesday BEEMISH, Tanya (Plaintiffs’ Factual) Plaintiff Patient
February 24, 2015 (PM) HEBERT, David (Plaintiffs’ Factual) Plaintiff MMAR DG for Spouse Plaintiff Beemish
February 25, 2015 (AM)Wednesday ALLARD, Neil (Plaintiffs’ Factual)
Plaintiff Patient
February 25, 2015 (PM) WALSH, Zachary (Plaintiffs’ Expert) Psychology Professor and Researcher demographics of patients
February 26, 2015 (AM)Thursday COLASANTI, Remo (Plaintiffs’ Expert)
Cannabis Cultivator expert and Patient
February 26, 2015 (PM) PATE, David (Plaintiffs’ Expert) Botany and Pharmacology expert
February 27, 2015 (AM) Friday Overflow and Arising Matters
February 27, 2015 (PM) NOT SITTING
March 2, 2015 (AM) Monday CAPLER, Rielle (Plaintiffs’ Factual
SHAW, Jamie (Plaintiffs’ Factual) Ph.D. Student and Coordinator and Project lead CANARY Study Pres. CAMCD re Dispensaries in Canada
March 2, 2015 (PM) KING, Mike (Plaintiffs’ Factual)
LUKIV, Danielle (Plaintiffs’ Factual)
WILCOX, Jason (Plaintiffs Factual) Update re MMPR LP’s situation
legal Assistant re MMAR complaints MMAR Coalition Coordinator re complaints received.
affidavits, specifically addressing the government of Canada witnesses indicated below. Consequently, we decided that it is unnecessary to cross examine their experts that are dealt with by our rebuttals. This way there experts do not get an opportunity and cross examination to comment upon our Rebuttal experts reports, and we are free to argue that they do indeed rebut the Defendants experts without having to cross examine them on the same material. Canada is free to argue that they do not. Usually, the credibility of an expert witness is not an issue unlike fact witnesses. This has enabled the above schedule to be condensed into the 3 weeks allocated in so far as the evidence is concerned.
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