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R v. Mernagh Ontario Court of Appeal Dates To Change

February 4, 2012 by Mernahuana divider image

Ontario Court of Appeal dates chosen. When fighting the man having patience is key to victory.

After spending a week hunkering down on our response for the R v. Mernagh appeal, Paul Lewin and myself have decided more time is needed to respond to the prosecutor’s fifty-four page factum. I began growing my appeal playoff beard and got my hair cut respectable. We were getting our eye of the tiger on and practicing putting on headbands. Now like George St. Pierre we’ve had to back out. So, new Ontario Court of Appeal dates will be chosen, probably in six to eight months from now. Two nice summer days would be great because we can smoke out the Osgoode Hall grounds before, during and after court. No one wants to smoke joints outside in March.

Yes, I know many people will be disappointed to read R v. Mernagh dates are changing. Some people have already booked off work. Then there are those people charged with a cannabis crime who are waiting on the outcome of my precedent setting case having their fate postponed.
We don’t want to rush our written response to Ontario Court of Appeal justices. Our patient witnesses agree. SB gave us our new moto, “Proper Prior Planning Prevents Piss Poor Performance.” It’d be wonderful goal to have those witnesses who would like to attend the appeal in person to be sitting in the front row.
Besides Lewin, Canadian Civil Liberties Association and HIV AIDS Legal Clinic Ontario are also preparing factums.   The three justices reviewing the appeal will rely heavily on the prosecutor, our’s and intervener’s factums – not the two days of oral arguments – to form their opinions. Only evidence presented at my trial will be reviewed. No new stats. No new problems. No proposed changes. We created a small mountain of transcripts, 3200 pages worth, which both sides will use as ammunition. It’s going to take us time to review the evidence and carefully craft our written response.
I’ll announce dates when I get them.


  • http://www.facebook.com/people/Mark-Chenier/100001214610441 Mark Chenier

    yes i would like to be there

  • http://www.mernagh.ca Matt Mernagh

    think we’re going to have to work on this plan of getting patient witnesses to the appeal.

  • Macnife

    I imagine your lawyer has already done so, but be careful to review the case law concerning suspensions of declarations of constitutional invalidity. There is a very legitimate argument floating around that the Ontario Courts have been applying this constitutional remedy, in a most unconstitutional manner with regards to the medical marijuana context. If the Ontario Court of Appeal once again suspends a declaration of invalidity, this decision should be immediately appealed to the Supreme Court, independent of any other issue.

  • Afraid of raids

    Lol and i thought i couldnt wait till march. But ye take your time 1 win 10 years from now is better than a loss every year. GO FREEDOM

  • http://www.mernagh.ca Matt Mernagh

    I’ve waited over three years to get the ruling, while on bail…We’re good to go May 7 & 8 day after Toronto Global Marijuana March.

  • Muknjen

    How will Harpers new omnibus bill effect the outcome of your case? It seems like there is a race to have it passed before your case comes up. If omnibus bill passes, which it will since they have a majority, I believe the MMAR proposed changes will go through,as well. Therefore, the outcome of your case will not help any patients who would choose to grow thier own. Nobody but MMAR approved licensed growers will be allowed to grow. How can patients afford this?

  • http://www.mernagh.ca Matt Mernagh

    The omnibus bill does not have an effect. Unfortunately for Harper he has to listen to the courts.

  • Myps3netflix

    so its not happening march 7th or 8th ?

  • http://www.mernagh.ca Matt Mernagh

    Correct may 7 & 8 are new dates

  • http://profile.yahoo.com/HRJHS3PJZGYR2FMCGRSOVCGSIQ jamie

    SERIOUSLY? You guys have had over a year to work on this, and your STILL postponing it? So that what, the judge can be changed to someone who’s more against it then the current judge? A YEAR FOR GOD SAKES.

  • http://www.mernagh.ca Matt Mernagh

    High Jamie,

    We didn’t have a year. The prosecutor submitted a factum about at the start of the new year. We than begin to work on retorting their argument. Quickly realizing our goal of going to court in March just wasn’t doable. It’s a great deal of work and we want to get it correct. You should note it took me over three years to get the first ruling. I had to wait three years, a few weeks for you isn’t such a bad thing. Thanks for the feedback! MM

  • DJ

    Matt, after 8 years i finally got my mmar. my my daughter who is 17 has not. people are leery because she is under age. health canada says there are no age limits but to the doctors there clearly are. my daughter is before the courts because she got caught at school buying. the prosecutor refuses to believe its a med case and we have to go back tomorrow to try to convince the judge. if we cant, she will have a criminal record ontop of all the rest of her problems. its very stressful since this is the first year of 3 she has even been able to be successful at school. im not sure if we can help you but if theres anything we can do just ask.

    dj in london.

  • http://www.mernagh.ca Matt Mernagh

    Sorry to hear you are having problems accessing the medical marijuana program for your daughter.

  • http://www.facebook.com/kenjsurgent Ken Surgent

    Please post anything new as you get it!
    ccldr.net

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