Hitzig v. Canada
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Hitzig v. Canada Warren Hitzig, Alison Myrden is a 2003 civil case in which 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.), challenged the constitutionality of the Marihuana Medical Access Regulations, now the Medical Marijuana Access Division which provided for exemptions from the law for approved medicinal users while allowing for no legal source of therapeutic cannabis products.
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.
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, affordable source of Marijuana in this Country. This became the now famous 'Hitzig et al' Lawsuit. Warren was the only person involved who wasn't a medical user and could front the Suit as a Cannabis Compassion Club.
Alison Myrden is one of Canada's most vocal Drug Policy Activists. Read her story at her own website "The Medical Marijuana Mission":
http://www.themarijuanamission.com
and/or at L.E.A.P. - Law Enforcement Against Prohibition:
In 1995, Alison retired from Law Enforcement and was given her first prescription for Medical Marijuana for her health 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). This fueled a fire in her that exists to this day.
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 of 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 dramaitcally immproved. So much so, that in 2004 Alison ran for the "New Democratic Party of Canada" in Oakville Ontario, more than doubling the votes for the NDP from the last Federal Election. Alison maintains her tireless Activism and steady health to this day. She can be found spreading the word of the need to Legalize and Regulate all drugs in order to keep them away from our children by being recognized as the leading woman speaker in Canada for L.E.A.P. - Law Enforcement Against Prohibition http://www.leap.cc
Alison has maintained a very close and loving relationship with her partner of 18 years since 1988, Professional Web Designer and Graphic Artist born and bred in Oakville Ontario in 1963, Gary Lynch.
[edit] Citation
Hitzig v. Canada, 2003 CanLII 30796 (ON C.A.)