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R v Mernagh No News Is Good Toking

November 9, 2012 by Matt Mernagh divider image
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Six months later and we still waiting for an R v Mernagh ruling from Ontario Court of Appeal. Mernagh Decision 2012 continues, but hopefully not into 2013.

Some potheads are little impatient for an R v Mernagh ruling, but that’s understandable. After all it could greatly impact Canada marijuana prohibition. Even the Washington Post bloggers thinks so. Given the marijuana magnitude a positive outcome will have, it’s best to let Ontario Court of Appeal judges time to ponder. Most people ask pleasantly when matt mernagh next court date is, but there are some cannabis commentators who are a little conspiratorial.

The other day Terry Parker, who has been advocating cannabis legalization since ‘70s, let me know the justices took eight months in R v. Parker. The case that determined people had a right to medicinal marijuana. It took the Ontario Court of Appeal a year to eliminate the prostitution laws and I am banking they’re doing the same for a R v. Mernagh ruling.

I get upset about people complaining the time for a mernagh decision is taking too long or something is afoot because I’ve been living with this case for years. There’s been some very long lonely stretches. Getting this case off the ground took a great deal of pothead power. Trial and appeal prep alone was about 10 months – four months for the appeal and about six months for trial. Then there were all the appearances for set dates and a pre trial that went on what seemed like forever.

The Ontario Court of Appeal is really giving this case some consideration. At the start justices announced they read government and my legal team submissions and relevant case laws. There’s a small mountain of evidence behind R v. Mernagh, 22 witnesses who can’t access a government program, a pharmaceutical industry expert, an expert on harm reduction, transcripts of testimony from Senator Pierre Claude Nolin, and of course Health Canada’s director testified. Reading all the evidence would take some time as it took some time to gather it all.

Contrary to the prosecutor’s argument, our evidence is more than strong enough to toss out Health Canada’s medical marijuana program and two marijuana laws – possession and production. Is it possible the justices are contemplating not saving the medical marijuana program because it will never workable as long as we have marijuana prohibition?


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  • jake2000

    with the events of nov -6-2012 to the south it would seem the the loss of the ‘war’ is just around the ‘turn’ of the year

  • drew.b.

    I really think the judges have been waiting on the American votes in Washington and Colorado. Too many times the Americans threatened the border would be closed if we reformed marijuana laws. Now with 2 states legal, and one that is on the border of Canada, the US government could say little about us dropping prohibition of marijuana.I hope you the best Matt! I have followed your case closely since the superior court case.Thank you and- Keep up the good fight!

  • http://www.facebook.com/kevin.k.fisher Kevin KiloGreen Fisher

    lewin needs to pressure them tah make a descision

  • Brian

    Don’t let the impatient potheads rattle your cage, Matt. I would love to read about your victory in tomorrow’s paper, but the reality of our justice system is that these things do take months and years. Although I’d like to think that our justices aren’t influenced by our neighbours to the south, I think that Colorado and Washington’s legalizations can only help your case.

    I may be young, but I feel like we’re at a turning point in the legalization movement- the beginning of the end of marijuana prohibition as we know it.

    Thanks for fighting the good fight, Matt. With Emery serving time in the slammer, Canada needs someone like you. These monthly updates make the wait a little more tolerable.

  • http://twitter.com/Mernahuana Matt Mernagh

    thank u kindly for the awesome comments

  • Doc Chronic

    Savour the moment Matt, as you would if you were placing a unbeatable opponent, in a great game of chess, in check, knowing that they are only a few moves from mate.

  • http://twitter.com/Mernahuana Matt Mernagh

    exactly!

  • Arrrgh

    Matt, bless you for all that you have done. Thank you! Of course I’m one of the many impatiently waiting for the judge hammer to drop favorably. I’m currently trying to figure out how to get my Health Canada MMAR card now and I see the catch 22 of this stupid system. My doctor refused to sign on the basis that she doesn’t know anything about marijuana, and claimed to be “unqualified” to sign despite my attempts to educate her that she indeed is actually qualified. I qualify under the Health Canada program… but I simply can’t get in! How frustrating!!!! I am mentally debating on how to handle this with ideas of blanketing the city with letters to doctors… but am scared of someone reporting me to the cops and then having a possession hassle. I can’t wait to grow my own meds so that I don’t have to keep dealing with scumbags on the street who have repeatedly ripped me off, and sold me “top quality” garbage (working my way through half an O of horrible tasting & low potency swag). I pray that your court case comes out this week, but I’m not holding my breath on it. Trying to figure out what my next step should be. Again Matt, thank you for being the hero you are!

  • arrrgh

    Actually Matt, do you have any suggestions (I posted above “Arrrgh”).

    Also please Matt, keep doing your monthly updates. You missed a month earlier, and well, it was missed. Even if you have no new revelations to share, just hearing your continued optimism is valuable for all of us sitting on the edge of our seats along with you.

  • IsThis Real
  • Thais

    any updates on this

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