Court File No.
FEDERAL COURT - TRIAL DIVISION
BETWEEN
The Applicant:
J.J. Marc Paquette
AND
The Respondent:
Attorney General of Canada
APPLICATION UNDER Section 18(1) of the Federal Court Act
AFFIDAVIT OF J.J. MARC PAQUETTE
I, J.J. Marc Paquette, residing at A-162 Atlantic Ave in
the town of Hawkesbury Ontario, swear as follows:
1. I am sick enough to qualify to smoke marijuana. On Mar 24
2000 Health Canada (Therapeutic Products Programme) issued me a
Section 56 Letter of Exemption against marijuana prohibitions. M
attending physician, Dr. Francois Urfer of Hawkesbury Ontario,
prescribed 5-6 grams of high quality or 7-10 grams of medium
quality marijuana per day. The envelope dated Mar 28 2000 shows
that the original eemption was mailed out four days late and
arrived even later. The exemption expired Sep 11 2000.
3. My second Letter of Exemption was issued on Sep 12 2000,
the day after the expiration of the first exemption, thus opening
up a window of jeopardy to criminal prosecution until the
delivery of my exemption in the mail days later.
4. One of my medical conditions is "chronic anxiety with
depression and self-mutilation" and the Respondent's failure to
dutifully provide me with my renewed exemption in a timely way
resulted in anxiety attacks sufficiently severe for the
Hawkesbury General hospital to give me injections of morphine and
Demerol.
4. My second exemption expired Mar 11 2001 but when the third
exemption had not yet arrived as of Mar 5, I telephoned Health
Canada to be assured by Sandra Toscano that my renewed exemption
was in the mail.
5. Yesterday, Mar 12 2001, the day after the expiry of my
second exemption and once again in jeopardy of criminal arrest
and prosecution, I was again reassured by Ms. Toscano that the
renewed Letter of Exemption had been issued but was being held up
in the office of the Director, Mr. Carol Langlois, and that I
would probably get it this week or next.
6. I am today, on Mar 13, 2001, still in jeopardy of criminal
prosecution for possession of my marijuana medicine and will
remain so as long as Mr. Carol chooses to withhold my exemption.
Given the recent prosecution of exemptee Jim Wakeford, this
affidavit is made in support of a motion for an interlocutory
Order of Mandamus compelling the Respondent to perform its duty
in a timely way by delivering my renewed letter of exemption to
me forthwith so I can go home free of the illegitimate
bureaucratically-induced jeopardy of criminal sanctions, such
motion heard within a future Application for Judicial Review of
the Third Letter of Exemption sought here.
__________________________
J.J. Marc Paquette,
Hawkesbury, Ontario
Tel: 613-636-2177 Fax: 613-728-2196
Sworn before me at the city
of Ottawa on Mar 13 2001
____________________________
A Commissioner, etc.
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