A motion to vary the injunction in the matter of Allard et al. v. HMTQ has been dismissed by Justice Michael L. Phelan. The Federal Court’s decision is surely to encourage outcry from patients who need medical cannabis in Canada.
Cannabis Right Coalition (CRC) lead attorney for the Allard case, Mr. John Conroy, Q.C., explains the dismissal and its implications:
“Regretfully Phelan J. dismissed our motion to vary the injunction and a copy of the Order can be reviewed at this link (see attachment).
I am and expect all of you will also be very disappointed in the ruling as he does not expressly address the ability to change production or other addresses due to unforeseen circumstances and does not set out fully what happened and I obviously failed to persuade him as to the facts and circumstances warranting an ability on the part of approved patients to make changes pending the final decision.
While this decision is probably subject to appeal, at present I believe the best course is to finish the submissions on the relevance and impact of Smith this month and await the courts final decision which will hopefully come soon in the fall.
YOU STILL CANNOT MAKE ANY CHANGES TO YOUR MMAR LICENCES, INCLUDING CHANGING SITES OR ADDRESSES COVERED BY THE INJUNCTION UNLESS AND UNTIL FURTHER ORDER OF THE COURT.”
Allard is a constitutional challenge of the Marihuana for Medical Purposes Regulations (MMPR), and another crucial step towards ending prohibition. Currently, designated growers can’t change production sites, making it difficult for them to service themselves or their patients. Additionally, they are not permitted to deliver more than 150g at a time, considerably less than under the Marihuana Medical Access Regulations (MMAR), its predecessor. This results in frequent, sometimes long-distance trips to their patients. Not being able to relocate their grows also has the adverse effect of raising tension among neighbours, who do not necessarily understand the medical properties of cannabis or proper indoor growing techniques.