They didn't miss their deadline, they'd filed it on the
wrong file number. The Crown repeats:
On Aug 24 2018, Health Canada got his application for his
On Oct 18 2018, because there were still 4 licenses at the
site, they sent a letter of intent to refuse.
On Dec 12 2018, One of the other licenses filed an
application to amend by moving.
On Nov 30, after 3.5 months, he filed a Statement of Claim
T-2060-18 in Montreal.
On Dec 12 2018, H.C. granted the application to move.
On Dec 20 2018, H.C. resumed its review of Berman's
On Jan 21 2019, after 7 more weeks, he filed a Motion for an
interim remedy of constitutional exemption.
Judge Brown directed that:
"The Defendant is to file a response by January 28,
2019. The Plaintiff is to file a reply by February 5,
On Jan 28, 2019, the Crown filed their response saying:
Health Canada had became aware of information that
suggests the Plaintiff's registration may pose a risk to
public health and safety and anticipates a decision in
the coming weeks.
Christian filed a Reply on Feb 5:
Feb 5 2019
Federal Court Registry
180 Queen St. W. #200
Toronto Ontario M5V 3L6
Re: Berman v. HMTQ No.: T-2060-18
Further to the Direction of Case-Management Judge Brown
dated Jan 22 2019, please accept this letter as the Reply of
the Applicant for interim relief.
Applicant applied to grow marijuana for medical purposes on
August 24 2018 while the proposed site was still occupied by
4 other licensees.
On Oct 18 2018, the Ministry issued a Notice of Intent to
On Dec 12 2018, the Ministry received an amendment
application to move from one of the other licensees.
On Dec 20 2018, the review of the plaintiff's application
Health Canada is now reviewing information that suggests
plaintiff's registration "may pose a risk to public health
Health Canada has had the application for 18 weeks since
August 24 2018 and it is now 7 weeks since the resumption of
the review on the undefined suspicion of risk.
Plaintiff has not established that he is entitled to the
registration certificate, such that there is no legal
duty to issue the registration.
Plaintiff is seeking interlocutory recognition of a right
not currently enjoyed" after Plaintiff's doctor established
that he is entitled to the registration certificate and the
Defendant has failed to establish that he is not.
Defendant has had 18 weeks to find and detail a risk to
public health in order to issue an intent to refuse. When it
cannot define that risk for the court after 7 more weeks of
research, Applicant therefore still seeks interim remedy
despite Health Canada's undefined risk.
That Health Canada has the wherewithal to determine that
there were 4 licenses at the site but has delayed the
applications of other plaintiffs until they proved that
there were not over four when we now see Health Canada could
have checked themselves all along does indicate the
possibility of another bad faith excuse to stall.
Dated at Montreal on Feb 5 2019.
CC: Wendy Wright
For the Respondent/Defendant
As done by previous plaintiffs whom judge Brown allowed to
do service by email, Richard got an okay from Jon Bricker to
submit as an Acknowledgment of Service::
From: Bricker, Jon <Jon.Bricker@justice.gc.ca>
Sent: Tuesday, February 5, 2019 1:48:12 PM
To: 'Christian Berman'
Cc: Wright, Wendy
Subject: RE: T2060-18
M. Berman -
I confirm receipt of your Reply materials.
However, please note that it is your responsibility to
file the Reply with the Court, with proof of service. My
client will not be filing this on your behalf.
Jon Bricker Legal Counsel | Avocat
JCT: As well, Richard filed a letter to the court
administrator asking that Judge Brown be asked for a
Direction granting that as proof of service which he has
done for others. (without having to get it notarized.)
On Feb 6, Her Majesty the Clerk wrote:
From: Drouin, Justine <Justine.Drouin@cas-satj.gc.ca>
Sent: Wednesday, February 6, 2019 9:10:13 AM
Subject: T-2060-18 - Reply filed via e-filing
Good morning Mr. Berman:
I am in possession of the Reply you filed via the e-
Kindly provide the Registry with proof of service on the
Respondent at your earliest convenience.
Registry Officer | Agent du greffe
Le Case-Management Juge Brown a permit la signification
par courriel de ces requetes.
(Case Management Judge Brown has permitted service by
email of these motions.)
Ma lettre "metadataletter.pdf" est une demande au juge
d'accepter la preuve de signification par courriel.
(My letter "metadataletter.pdf" is a request to the
judge to accept the service by email.
Ce n'est pas a vous de rejeter ma demande. C'est au
juge. SVP, passez ma letter demandant d'accepte la
signification par courriel au juge Brown pour sa
(It is not up to you to reject my request. It's up to
the judge. Please pass my letter asking to have the
emailled service accepted by Judge Brown for his
JCT: His Court file notes that it was sent to the judge.
AND UPON considering that Health Canada has not provided
a timeline for its investigation;
AND UPON concluding that the Applicant's motion if it is
to succeed at all is at this time premature but that the
Plaintiff should have the right to reapply if the
Defendant does not make a decision whether to issue a
permit or a Notice of Intent to refuse within 30 days of
the date of this Order;
THEREFORE THIS COURT ORDERS that the Plaintiff's motion
be and the same is hereby dismissed, with leave to the
Plaintiff to reapply if the Defendant does not make a
decision whether to issue a permit or a Notice of Intent
to refuse within 30 days of the date of this Order.
Henry S.Brown, Judge
JCT: Always appreciated that the Judge doesn't hit the
patient Plaintiffs with costs!
So he'll get his permit by March 21 2019 or Health Canada
will have to come up with good reasons why Plaintiff's
registration may pose a risk to public health and safety!
You can bet he'll be re-applying on March 22 if they don't
hop to it.