Jct: Okay, Kathy Lewis. Everything under argument will be based on
your Affidavit of facts. All the other stuff, Notice of Applications,
Affidavits of Service, Application Record covers, is merely
packaging.
DRAFT APPLICANT'S AFFIDAVIT
I, Kathy Lewis, residing at ??? in London Ontario make oath and say
as
follows:
1. I am sick enough to qualify as marijuana exemptee. My license for
my Designated Grower expires on November ?? 2009 but he made a mess
of
things and I had to revoke the license on February 15 2009.
2. On February 17 2009, my new grower and I mailed off our Health
Canada paperwork including the revoked license and a copy of the
letter sent to the old grower stating that the license was officially
revoked. We tracked the courier and it was received on February 18.
3. Health Canada tell me it will take 8-10 weeks for processing. That
delays the start of my crop by 2 months, added to the 3 months for
the
first growing cycle. Neither I nor my grower can afford to wait this
long. We have to start now. I have to buy off the street while I am
waiting.
4. I left a detailed message at the Health Canada call centre telling
them that I am invoking the 30 day ruling in the decision made by
Federal Court Justice Paul Rouleau from the 2001 case of Johnny
Dupuis
V. Health Canada or Robert Neron v. Health Canada that the ministry
could be compelled to respond to such important life-and-death issues
within 30 days before the lack of action presuming denial could be
judicially reviewed. I pointed out the date they received the
paperwork (Feb 18) and that they should produce the license, or a
letter stating legality of grow by March 20, or I would be compelled
to seek a Judicial Review in Federal Court of Appeal on whether these
kinds of delays in medicine production are unconscionable enough to
warrant judicial remedy.
5. The clerk who took my message warned me, this would cause an even
further delay, as they would have to call me in 3 days and that would
mean taking my file out of their "queue". I have been told, but don't
know, that there is no "queue". This is just a delaying/scare tactic.
JCT: So what happened? Did he call back?
6. This Affidavit is made in support of an application for an interim
Order of Mandamus compelling the Respondent to do its duty and
immediately process the exemption information update and in support
of
the application for judicial review of the 10-12 weeks it takes
Health
Canada to switch from one authorized medical marijuana grower to
another.
_____________________________________
Kathy Lewis
Address
Tel:
Sworn before me on _______________________
in _____________________ Ontario
_____________________
A COMMISSIONER, ETC.
JCT: Be ready for serving and filing in Toronto Monday or Tuesday
next
week. Alan Young called me the "circus lawyer" for my propensity to
place as many victims in front of a judge at the same time as
possible
and with the addition of Derek Francisco and maybe another, it'll
have
a greater impact if you're all complaining together than if you were
complaining alone.
Derek's Affidavit Draft next. Maybe a third applicant.
Everyone meets in TO for service, filing and press conferences and 2
or 3 days later, for the plea for justice against this malevolent
bureaucracy.