TORONTO - The federal government is appealing an Ontario court ruling that, if left to stand, could make the possession of marijuana legal.
The appeal states that a judge made critical errors in law in his April 11th ruling declaring the federal medical marijuana program unconstitutional.
Justice Donald Taliano ordered Ottawa to fix the program by July or face the prospect of effectively legalizing pot.
The case involves 37-year-old Matthew Mernagh of St. Catharines.
He suffers from various ailments and despite going to numerous doctors, he was unable to obtain a licence to legally buy and use medical marijuana.
Mernagh began growing his own pot and was eventually charged with producing the drug.
Taliano says sick people who cannot get access to medical marijuana and must resort to illegal actions such as growing their own supply.
As a result, said Taliano, sick people who should be able to get the drugs are branded as criminals.
