Update on Medical Marijuana privacy breech class action........

VIANARCHRIS

Well-Known Member
So I got a reply from my member of parliament....let's see if he actually does anything......


Paul Manly <[email protected]>
4:04 PM (2 hours ago)


to Ilan, me






Hi Chris

Thank you for bringing this to my attention. It is ridiculous that the government continues to block this case from being resolved. You should have your day in court and the government should make amends for this mistake.

I will look into this further and will call you if I have further questions.

All the best
 

gb123

Well-Known Member
So I got a reply from my member of parliament....let's see if he actually does anything......


Paul Manly <[email protected]>
4:04 PM (2 hours ago)


to Ilan, me






Hi Chris

Thank you for bringing this to my attention. It is ridiculous that the government continues to block this case from being resolved. You should have your day in court and the government should make amends for this mistake.

I will look into this further and will call you if I have further questions.

All the best
interesting ...not much to look into :lol:
Im sure you pointed out the injustice of it all...
 

VIANARCHRIS

Well-Known Member
interesting ...not much to look into :lol:
Im sure you pointed out the injustice of it all...
I actually sent him a pretty detailed outline of the situation, and he had a staff member do some looking and email me with questions.
I think I ended my letter with "We are losing all trust in the legal process. If we can't get justice for harms caused by our own government, it's time for a revolution, not an election. " lol
I can probably expect CSIS at my door any minute!
 

TheRealDman

Well-Known Member
I actually sent him a pretty detailed outline of the situation, and he had a staff member do some looking and email me with questions.
I think I ended my letter with "We are losing all trust in the legal process. If we can't get justice for harms caused by our own government, it's time for a revolution, not an election. " lol
I can probably expect CSIS at my door any minute!
Kudos for the effort...but nothing will get done! We’ve had two Fed Governments fight us at every step publicly in court. The Fed’s position is the same no matter who’s steering the ship...delay, delay, delay! 1 lonely MP won’t even move the needle!
 

VIANARCHRIS

Well-Known Member
Kudos for the effort...but nothing will get done! We’ve had two Fed Governments fight us at every step publicly in court. The Fed’s position is the same no matter who’s steering the ship...delay, delay, delay! 1 lonely MP won’t even move the needle!
My thoughts are that the only weapon we have is negative publicity during an election campaign. Shame the bastards a little. May can use it against both Trudeau and Scheer in the next debate.They settled with the terrorist and they just settled with the RCMP for $900 million - but sick Canadians don't deserve to be heard. "they got some splainin' to do, Alice". lol
You could be right and nothing will happen, but I'm not going to shut up until it is settled. I will stop into his office regularly for the next 4 years if I have to.
 

VIANARCHRIS

Well-Known Member
The email I wrote to my MP was a little hard to make generic, so I modified one I sent Trudeau a few years ago. It's pretty long, but it explains things pretty good. Let me know if it'll work for everyone - I can always make a shorter one.

{Dear candidate}

I am writing as a citizen and a constituent who would like some answers and ultimately justice in a long-running class action suit against Health Canada. Government lawyers have spent nearly six years using every tool at their disposal to prevent us from seeking a judgment from the courts.
I am hoping that during the election campaign you might be have an opportunity to pressure government to explain why they are spending millions of taxpayer dollars fighting sick Canadians to prevent us from even being heard. I've detailed the timeline of events as best I can remember so you can understand what we are up against. Many of us have enough challenges in our daily lives and a six year delay increases the stress level and amounts to disrespect for sick Canadians at best and deliberate cruelty at worst. The running joke among us is that the government is going to delay until most of us die off. Sadly, that;s probably not far from the truth. If our government can harm citizens without consequence, it's time for a revolution rather than an election.
--------------------------------------------------------------------------------------------------------------------------------------------------------------------

In November 2013, Health Canada mailed out notices to roughly 40,000 medical marijuana patients advising us of the cancellation of the MMAR program and the implementation of the new MMPR. Not only was the information contained in the package ridiculous, the required actions silly and over-reaching and the request to provide Health Canada with proof that you have destroyed your legal property an intimidation ploy, they also felt the need to mail these notices in envelopes with the largest 'window' most have ever seen. Clearly visible to anyone who came into eye contact with that piece of mail, directly above the name and address of the patient, were the words “Medical Marihuana Access Program”. Unfortunately, even in 2013, the stigma surrounding cannabis users was such that many patients were forced to hide their use from family, friends, landlords and employers. Many patients grew their own medicine and were placed at risk of a home invasion if the location of the garden was discovered by someone with ill intent. Many would just have preferred their choice of medicine wasn't advertised to an untold number of strangers.

It is my opinion that this privacy breach was both deliberate and malicious. Around the same time as the mailout, Stephen Harper was announcing the creation of the new medical marijuana program, the MMPR and predicting a multi-billion dollar LP industry supplying medical patients who would no longer be able to grow their own. Their goal was to 'out' those currently growing to their community to ensure peer pressure would lead to higher compliance with the new rules. It instead led to some patients losing their jobs, others losing their homes and all losing their sense of medical privacy that is guaranteed for everyone else.

Patients fought back against the MMPR and the provision that removed grow rights in the Allard trial and were successful. The experts called by Health Canada were pathetic and the judge ridiculed them on their false testimony and lack of knowledge. It was an embarrassing defeat for the Harper government and yet another in a long list of his government's legislation to be found to be unconstitutional.

In the meantime, on February 26, 2014, patients joined a class-action lawsuit against the government and Health Canada for the breach of privacy. The government obstructionism and delays began almost immediately with the federal government filing a motion to compel a witness in the trial to provide answers to questions which were refused. While that federal motion was denied relatively quickly, the same delay tactics continued for the remainder of the Conservative government's term. With the Liberal election win on a promise to legalize the recreational use of cannabis in 2015, patients were encouraged, confident that the case would finally go forward and we would have our day in court.

Fast forward to May, 2019, nearing the 6 year anniversary of 'the infamous letter', and we learned in an update from the law firm that despite the federal court issuing an order on March 14 allowing the suit to go forward, the government is once again appealing parts of that decision, resulting in yet another delay of unknown duration. As of September, 2019, one more government appeal has been dismissed, but there is indications that there will be more.





What I, and about 40,000 other Canadians would like to know, is why the Liberal government continues to deny medical cannabis patients our day in court? The Trudeau government said after settling a $10 million lawsuit in a highly publicized and criticized case involving an alleged terrorist, that to continue fighting the case would not be beneficial to taxpayers. More recently, they settled a $900 million suit with the RCMP. I don't understand how continuing to fight sick Canadians' right to justice is good for taxpayers or the governments' image. What are they trying to cover up that is so serious that it is just as important to keep it out of court for the pro-cannabis governing Liberals as it was for the anti-cannabis Harper Conservatives? This should have been a very simple case of breach of privacy and could have been settled relatively quickly, yet 6 years on and we are still fighting for the right to be heard.

It is extremely disheartening to have been harmed by your own government and respond by electing one promising change, only to continue to be harmed and treated as a nuisance by those who we pay to serve us.

We demand the federal government immediately cease all obstruction and delay motions and allow Canadians to hear how such an egregious, malicious and harmful breach of privacy could have occurred so we can assure it doesn't happen again.

Real people suffered real losses, some substantial, and someone needs to answer for that. We have lost faith in the impartiality of the legal system and are desperately trying to find an elected representative that will stand up for us.

I hope you will take an interest in my situation and attempt to find some answers for me, If nothing else, simply making others aware of this injustice might add pressure to stop playing games with peoples lives and accept responsibility and settle.



Thank you for your time,
 

VIANARCHRIS

Well-Known Member
A shorter email for those who don't want to send my 'book' - if every one of us were to send one of these to a candidate looking for votes, we may make enough noise to get noticed.

[Dear candidate]

I am writing you in an attempt to bring attention to an ongoing assault on sick Canadians by our federal government. If you remember back to 2013, the then Conservative government introduced an end to the Medical Marijuana Access Regulations and introduced the MMPR replacement. As part of this announcement, 40,000 medical marijuana patients were sent an information package from Health Canada in an envelope that clearly identified us, our address and the fact that we were medical marijuana patients. This was a deliberate, malicious violation of medical privacy protections.
We are now approaching the six year anniversary of that violation and the government continues to appeal and delay at every opportunity to prevent sick Canadians from having our grievances heard in court.

https://www.branchmacmaster.com/class_actions/medical-marihuana-privacy-breach/


This act of silencing sick Canadians has spanned two separate governments and has cost taxpayers untold resources in legal fees...to what end? What is Ottawa so desperate to hide, that they would deny Canadian citizens our constitutional right to seek answers and restitution for harms caused by our own government?
I am hoping that this election campaign will give you the opportunity to bring our voice to Ottawa and put pressure on those who refuse to allow us our day in court.
We have suffered job losses, evictions, home invasions and being marginalized in our families and communities as a result of this malicious act and now we continue to be violated and abused by the endless delays year after year.
I wish you well in your election bid and I hope you will try to be a voice for those of us who are only looking for fairness.

Thank you for your time,
 

TheRealDman

Well-Known Member
I suggest removing the word malicious (not that I don’t agree, but that has not been proven in court, and can only be proven in court). Replace that unproven sentiment, and add a statement/link on how the Privacy Commissioner at the time found it to be “a clear breach” of our privacy.

Findings
  1. We conclude that the reference to the MMAP in HC's return address in combination with the name of the addressee, constitutes sensitive personal information under the Privacy Act. HC has not satisfied the OPC that it had appropriate consent for the disclosure of this information, nor did it establish that any of the permissible disclosures under section 8(2) of the Act would apply in the circumstances. We accordingly conclude that HC was in contravention of the Act. Therefore, the complaints are well-founded.
https://www.priv.gc.ca/en/opc-actions-and-decisions/investigations/investigations-into-federal-institutions/2014-15/pa_20150303/
 

VIANARCHRIS

Well-Known Member
I suggest removing the word malicious (not that I don’t agree, but that has not been proven in court, and can only be proven in court). Replace that unproven sentiment, and add a statement/link on how the Privacy Commissioner at the time found it to be “a clear breach” of our privacy.


https://www.priv.gc.ca/en/opc-actions-and-decisions/investigations/investigations-into-federal-institutions/2014-15/pa_20150303/
I've already sent mine, but feel free to make all the changes you want. The privacy commissioners findings is a good call....but I'm entitled to perceive the wrongs against me as malicious. It's the way I feel and I am exercising freedom of speech. If HC gets offended, they can always sue me...I'll delay that court hearing until my funeral.
 
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