The Government of Canada’s appeal, trying to undo the interlocutory injunction pending trial granted March 21st,2014 was dismissed and our cross-appeal was allowed to the extent of sending it back to the case management judge to address the situation of the 2 Plaintiffs/Applicants Beamish and Hebert (the wife patient and husband caregiver) whose possession license expired before the cutoff date that the court below set (March 21,2014) and had to move their production site before the other cutoff date (Sept.2013), but were unable to do so until afterwards so he lost his production license. To fix that situation, the judge below will have to 1st backdate eligibility to either March 2013 or September 2013, and also come up with a way for them to change their production site, pending trial.

This should be done for all medically approved patients who are still under the MMAR so hopefully we will be able to get back in front of Manson J. ASAP to move the possession date back to March 2013 or September 2013 at the latest and to enable a procedure to change production sites – we will suggest by filing with Health Canada in order to maintain a national data base pending completion of the trial.

This does mean that those currently grandfathered by the injunction and hopefully the others above will be able to continue until probably at least June 2015 and maybe longer before we get a final decision.

John W. Conroy QC
Conroy & Company
Barrister & Solicitor
2459 Pauline Street
Abbotsford, B.C. V2S 3S1