CROWN: POT WRONG WAY

Ontario Epileptic Had Legal Method To Curb Seizures, Appeal Court Told

TORONTO (CP) - A judge was wrong to find the law against smoking marijuana
violates an epileptic's rights because the man has legal ways to control his
seizures, Ontario's highest court heard yesterday.

In fact, Crown lawyer Kevin Wilson argued, there's no proof that pot
prevents Terry Par-ker's seizures any better than a legal, synthetic form of
the drug.

Wilson's arguments before the Ontario Court of Appeal came as the Crown
began its challenge of a pivotal 1997 ruling that declared parts of Canada's
marijuana law unconstitutional.

In that ruling, Judge Patrick Sheppard stayed charges of marijuana
cultivation and possession against Parker, 44, noting the man's illness was
best controlled by a combination of prescribed medication and smoking the weed.

Sheppard "went about it the wrong way and went too far," because Parker
hadn't pursued enough legal options before making pot his drug of choice,
Wilson said.

"If a person wants to self-medicate with an unlawful substance because of
personal preference, he can't engage the Charter in saying it (the
illegality) threatens his security as a person."

The earlier trial heard that Parker needed CBD - a compound present only in
smoked marijuana - in addition to THC, the psychoactive component of the
drug, to control his seizures. But only THC is available in synthetic form.

15 to 80 seizures

At yesterday's hearing, Wilson elaborated on a nine-week study mentioned at
Parker's trial in which he received synthetic THC. Parker, who testified at
trial he gets 15 to 80 seizures a week unless he smokes marijuana, had only
one seizure during the study period, even though he wasn't smoking pot,
Wilson said.

Parker hasn't applied for the federal exemptions given to 16 medical
marijuana users this year, although his 1997 victory was considered a
watershed win that prompted Parliament to take action on the issue.