Tuesday, June 17, 2003
CanWest News Service
A man with a medical prescription to smoke marijuana to treat multiple sclerosis has lost his case in B.C. Supreme Court that would have entitled him and his wife to stay in a subsidized housing complex.
Eric and Marlene Young now face eviction from their two-bedroom unit in Saanich managed by the Capital Region Housing Corp.
Justice Malcolm Macaulay said the landlord, CRHC, must follow its mandate of providing quality housing to those living on low incomes. Some tenants have moved out, citing the marijuana smell that permeates their suites.
"The evidence suggests that accommodating Mr. Young's disability would require the CRHC to deprive many other tenants of the enjoyment of their suites," said Macaulay.
"It is also likely that the CRHC would continue to lose tenants. This result would undermine the very purpose for the CRHC's existence, to provide quality housing, particularly to those living at low incomes."
The CRHC is right in its request to remove the Youngs from the complex, he said.
Young was granted a medical prescription for marijuana in June 1999. In March 2000, he was given permission to grow marijuana under certain restrictions.
In December 2001, Marlene Young was granted permission to possess and produce marijuana for the purpose of assisting her husband.
The Youngs had two petitions before the court, the first against the Saanich police seeking constitutional remedies for alleged Charter breaches interfering with their right to grow and use marijuana.
The second petition dealt with the validity of the eviction notice.
Neither petition has a basis in law, Macaulay ruled.
© Copyright 2003 The Province