The appellant, who suffers from AIDS, uses marihuana for medicinal purposes and obtained a personal exemption under s. 56 of the Controlled Drugs and Substances Act.
He applied for a declaration that his s. 7 Charter rights were infringed because the exemption did not protect his caregivers from criminal liability and the government failed to provide a safe supply of marihuana.
The Court of Appeal held that while the provincial superior court had jurisdiction to hear the constitutional challenge to the Act, the appellant failed to establish a s. 7 violation.
The Act itself did not preclude caregiver exemptions, and the appellant was not dependent on the government for his supply.
