Hitzig v. Canada
Encyclopedia
Hitzig v. Canada is a 2003 civil case in which challenged the constitutionality of the Marihuana Medical Access Regulations (MMAR), now the Medical Marihuana Access Division. MMAR provided for exemptions from the law for approved medicinal users while allowing for no legal source of therapeutic cannabis
products. The case was brought by Warren Hitzig, along with seven medical marijuana users (Alison Myrden, Stephen J Vandekemp, Marco Renda, Marylynne Chamney, Catherine Devries, Jari Dvorak and Debbie Stultz-Giffen).
Warren Saul Hitzig co-founded the Toronto Compassion Centre (originally the 'Medical Marijuana Resource Centre') in 1997 to provide high quality cannabis products to those with a documented medicinal need and to act as a medical marijuana information resource for the Canadian
general public. The Centre's formation was announced in early 1998 with a press conference and letter to the Canadian government requesting authorization for their activities.
The Hitzig applicants argued that the MMAR provided an illusory access to cannabis medicine, and effectively encouraged sick Canadians to look to the black market for their legal medication, and/or the seeds/plants needed to 'grow their own.' Ontario Superior Court judge Sidney Lederman agreed that this situation violated the rights of the applicants as set out by the Canadian Charter of Rights and Freedoms
(1982). He gave the Canadian government six months from January 9, 2003 to remedy the situation, which prompted the controversial announcement on July 8 that Health Canada would begin distribution of marijuana grown under contract to Prairie Plant Systems
in Flin Flon, Manitoba.
In 1995, Alison retired from law enforcement and was given her first prescription
for Medical Marijuana by a Canadian Physician. She was sent to the street to buy her medicine by the government of Canada before there was such a thing as 'The Medical Marijuana Access Regulations' (MMAR). Alison was one of the first twenty people in Canada to receive a Federal Licence to smoke, possess and grow medical marijuana for health reasons. Battling Multiple Sclerosis
from the age of 13 years old, Alison's worst physical problem today is a stabbing pain in her face 24 hours a day associated with MS, called 'Tic Douloureux'.
Having been allotted one of the largest prescriptions in the country for cannabis and having not to depend on 32 pills a day and 2000 mg of morphine
everyday any more from the past 15 years, Alison's life has dramatically improved. So much so, that in 2004 Alison ran for the New Democratic Party
in Oakville, Ontario
, more than doubling the votes for the New Democratic Party from the previous federal election.
Cannabis
Cannabis is a genus of flowering plants that includes three putative species, Cannabis sativa, Cannabis indica, and Cannabis ruderalis. These three taxa are indigenous to Central Asia, and South Asia. Cannabis has long been used for fibre , for seed and seed oils, for medicinal purposes, and as a...
products. The case was brought by Warren Hitzig, along with seven medical marijuana users (Alison Myrden, Stephen J Vandekemp, Marco Renda, Marylynne Chamney, Catherine Devries, Jari Dvorak and Debbie Stultz-Giffen).
Warren Saul Hitzig co-founded the Toronto Compassion Centre (originally the 'Medical Marijuana Resource Centre') in 1997 to provide high quality cannabis products to those with a documented medicinal need and to act as a medical marijuana information resource for the Canadian
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
general public. The Centre's formation was announced in early 1998 with a press conference and letter to the Canadian government requesting authorization for their activities.
The Hitzig applicants argued that the MMAR provided an illusory access to cannabis medicine, and effectively encouraged sick Canadians to look to the black market for their legal medication, and/or the seeds/plants needed to 'grow their own.' Ontario Superior Court judge Sidney Lederman agreed that this situation violated the rights of the applicants as set out by the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
(1982). He gave the Canadian government six months from January 9, 2003 to remedy the situation, which prompted the controversial announcement on July 8 that Health Canada would begin distribution of marijuana grown under contract to Prairie Plant Systems
Prairie Plant Systems
Prairie Plant Systems is a Saskatoon, Saskatchewan-based company established in 1988. It specializes in biosecure underground growth chambers used for plant-made pharmaceuticals. Its most famous contract was Health Canada's marijuana 2002 award for a cultivation project in Flin Flon,...
in Flin Flon, Manitoba.
Details on plaintiff Alison Myrden
Alison Myrden first approached Law Professor Alan Young in the Spring of 1999 to form and submit a lawsuit to sue the Government of Canada for a safe, clean, and affordable source of marijuana. This became the 'Hitzig et al.' Lawsuit. Warren was the only person involved who was not a medical user and could front the suit as a Cannabis Compassion Club.In 1995, Alison retired from law enforcement and was given her first prescription
Medical prescription
A prescription is a health-care program implemented by a physician or other medical practitioner in the form of instructions that govern the plan of care for an individual patient. Prescriptions may include orders to be performed by a patient, caretaker, nurse, pharmacist or other therapist....
for Medical Marijuana by a Canadian Physician. She was sent to the street to buy her medicine by the government of Canada before there was such a thing as 'The Medical Marijuana Access Regulations' (MMAR). Alison was one of the first twenty people in Canada to receive a Federal Licence to smoke, possess and grow medical marijuana for health reasons. Battling Multiple Sclerosis
Multiple sclerosis
Multiple sclerosis is an inflammatory disease in which the fatty myelin sheaths around the axons of the brain and spinal cord are damaged, leading to demyelination and scarring as well as a broad spectrum of signs and symptoms...
from the age of 13 years old, Alison's worst physical problem today is a stabbing pain in her face 24 hours a day associated with MS, called 'Tic Douloureux'.
Having been allotted one of the largest prescriptions in the country for cannabis and having not to depend on 32 pills a day and 2000 mg of morphine
Morphine
Morphine is a potent opiate analgesic medication and is considered to be the prototypical opioid. It was first isolated in 1804 by Friedrich Sertürner, first distributed by same in 1817, and first commercially sold by Merck in 1827, which at the time was a single small chemists' shop. It was more...
everyday any more from the past 15 years, Alison's life has dramatically improved. So much so, that in 2004 Alison ran for the New Democratic Party
New Democratic Party
The New Democratic Party , commonly referred to as the NDP, is a federal social-democratic political party in Canada. The interim leader of the NDP is Nycole Turmel who was appointed to the position due to the illness of Jack Layton, who died on August 22, 2011. The provincial wings of the NDP in...
in Oakville, Ontario
Oakville, Ontario
Oakville is a town in Halton Region, on Lake Ontario in Southern Ontario, Canada, and is part of the Greater Toronto Area. As of the 2006 census the population was 165,613.-History:In 1793, Dundas Street was surveyed for a military road...
, more than doubling the votes for the New Democratic Party from the previous federal election.