JCT: http://johnturmel.com/insyear.pdf has the kit to file a
$2 Statement of Claim challenging the 1-year maximum
prescription allowed. You'll remember 5 years ago, annual
medical documents for permanently-ill patients was one of
the torts in our Gold Star Statement of Claim which Justice
Phelan said was mooted by his striking down the MMPR without
dealing with that point. Though he did say we could always
challenge it again in a later regime. Which is what we are
Mike Spottiswood was the first to file the kit. But the
Crown has responded that he is still protected under the
Allard MMAR injunction and doesn't need to see a doctor
annually until that ends. Then he'll be able to complain,
but not now.
So Jeff Harris filed the kit because he has a permanent
condition. And we pointed out in our Response to the Crown's
MMAR argument against Mike that Jeff had now filed the
challenge against the year cap too. So if Mike isn't
qualified to object, Jeff is.
On Feb 1 2019, Case Management Justice Brown issued the
RE: Allan Harris v. HMTQ No: T-217-19
Pursuant to the filing of the Statement of Claim on Jan
31 2019, the Court (Mr. Justice Brown) issued the
following Direction on Feb 1 2019:
"The Defendant is requested to make submissions as
to how this file should proceed given the other
files in this subject area by February 11 2019. The
Plaintiff shall serve and file a response by
February 18 2019 and the Defendant shall serve and
file a Reply by February 25 2019."
JCT: The obvious answer is for the Crown to include Jeff's
case with Mike's and now deal with someone who does have to
pay for a doctor every year and make their case why he
should have to undergo annual check-ups like Mike does not.
This complaint would be stronger if more permanently-ill
patients filed the Statement of Claim with Jeff. And before
they have to answer by Feb 18 in 11 days.
So if you're permanently-ill and tired of paying a doctor
every tons of cash every year, why not take the $2 gamble
and join Jeff in objecting. If a bunch more plaintiffs got
filed, the Crown would not be so easily able to argue
that the annual filing is proper.
So come on, if you paid a ton to your doctor for your
permit, why not spend $2 to try to avoid having to waste
that cash and time every year.
http://johnturmel.com/insyear.pdf has the easy instructions
to get filed in under 10 minutes. Do take the 10 minutes to
try to save yourselves an expensive wasted visit every year.
You know the gremlins in government made up the year cap
precisely in order to make it harder for the patients to
get their medicine. Besides, won't this be a great trophy on
your wall when it wins.
Remember that the original Gold Stars can point at their
Statements of Claim and note that of their 20 torts objected
to, not only could they win:
3) MMAR S.13(1), S.33(1), s42(1)(a); MMPR S.129(2)(a) and
ACMPR S.8(2) require annual renewals for permanent diseases and
then short-change them on the year.
but that they did win:
4) MMAR S.65(1); MMPR and ACMPR S.199(1)&(2), S.200(1)&(2)
compel exemptees to destroy unused cannabis before receipt
of new batch with no refund.
JCT: That rule is now gone.
12) MMAR and ACMPR fail to license any garden help.
JCT: Patients can now have a Responsible Person help them.
18) MMPR S.117(7), S.118 and ACMPR S.139(7) prohibit the
Licensed Producer from returning or transferring the medical
document back to the patient;
JCT: L.P.s can now return your medical document.
So several of our beefs have been corrected even though our
claims were all dismissed. Guess Health Canada knew they'd
be coming back.
Plus we stopped them from subtracting the time for
processing by dating the permit when the doctor signed.
And we stopped permits from expiring while waiting for the
renewal to be processed. So now you can gain time by getting
your renewal in 3 days before expiry making your old permit
last longer before getting your new permit for the full term
from the date of issuance.
You might think that striking down the 1-year cap not so big
a deal but when someone has to pay a couple of thousand for
a permit, maybe getting a permanent permit with no more
annual visits will save tons.
So if you have a permanent illness, do join Jeff in
demanding no more annual medical documents. It will be a
nice trophy win or lose. At least you objected. So take the
10 minutes and protest about it on the record.