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Conroy & Company CONROY & COMPANY JOHN W. CONROY, Q.C.* Telephone: (604) 852-5110 Barrister and Solicitor Facsimile: (604) 859-3361 2459 Pauline Street Email: [email protected] Abbotsford, BC V2S 3S1 September 16, 2020 The Honourable P. Hajdu [email protected] Minister of Health The Honorable D. Lametti [email protected] Minister of Justice Dr. Teresa Tam [email protected] Chief Medical Officer Joanne Garrah [email protected] Mike McGuire [email protected] Cannabis Licensing and Security Health Canada [email protected] The Honourable John Horgan [email protected] Premier of British Columbia The Honourable Michael Farnsworth [email protected] Minister of Public Safety and Solicitor General The Honourable Adrian Dix [email protected] Minister of Health The Honourable Attorney General David Eby [email protected] Dr. Bonnie Henry [email protected] Chief Medical Officer Mayor Kennedy Stewart [email protected] City of Vancouver Councilor Adriane Carr [email protected] Councilor Melissa Degenova [email protected] Councilor Lisa Dominato [email protected] * Denotes personal law corporation September 16, 2020 Page 2 of 10 Councilor Pete Fry [email protected] Councilor Colleen Hardwick [email protected] Councilor Sarah Kirby-Yung [email protected] Councilor Jean Swanson [email protected] Councilor Michael Wiebe [email protected] Councilor Rebecca Bligh [email protected] Councilor Christine Boyle [email protected] Kimberly Holm [email protected] Chief License Inspector and Director of Licensing and Inspections Inspector Steve Rai Vancouver Police Department [email protected] Andrew Leung [email protected] Chen and Leung Barristers and Solicitors Legal counsel to the Owners/Landlords Dear Honourable Ministers, Mr. Premier, Mr. Mayor and City Councilors, Sirs and Madams: RE: URGENT EMERGENCY Application for licensing to sell/donate cannabis for medical purposes, and conduct research and a s.140 Cannabis Act Ministerial temporary exemption for required licensing modifications to enable The Healing Wave and the Serious Hope Society to continue its Cannabis Substitution Research Program during the Opioid crisis in Vancouver, B.C. I am writing to you in my capacity as legal counsel assisting Neil Magnuson, the owner operator of The Healing Wave located at 157 E Cordova St in the City of Vancouver in the Province of British Columbia and the related Serious Hope Society that is operating the Cannabis Substitution Project out of that location. The Healing Wave is a sole proprietorship but the Serious Hope Society, that administers the Cannabis Substitution Project, is a registered BC non-profit and September 16, 2020 Page 3 of 10 attached is a copy of its certificate of incorporation, constitution, list of directors and registered office, a copy of its bylaws and confirmation of incorporation via the BC Registry. This is an URGENT EMERGENCY application to the Federal Minister of Health for a ‘Temporary Federal Ministerial Exemption’ pursuant to s. 140 of the Cannabis Act with respect to certain provisions of that Act and its regulations, for the following persons, classes of persons, and classes of cannabis as being ‘necessary’ for a medical and scientific purpose and in the public interest in a contributing effort to save lives during the ‘opiate crisis’ in Vancouver B.C., while endeavoring to transition those benefitting from the proposed temporary exemptions into the legal system to whatever greatest extent possible. Because this application may involve the jurisdiction or at least consideration of other federal ministries to some extent, it is also being copied to the Minister of Justice and those involved specifically in the administration of Health federally such as the Chief Medical Officer Dr. Teresa Tam and representatives involved in the administration of licensing and exemptions under the Cannabis Act and its regulations. While this application does not involve the jurisdiction of the Province of British Columbia with respect to cannabis distribution for non-medical purposes it is nevertheless being forwarded to the Premier, the Minister of Health and the Attorney General in and for the Province of British Columbia and the Chief Public Health officer Dr. Bonnie Henry as the issue does relate to the wellbeing and health of citizens in the Province of British Columbia and the administration of justice generally in the province and to seek their support for the Project. It is also being copied to the Mayor and Council of the City of Vancouver seeking their support and City representatives involved in the status of the project's current licensing situation and anticipating that if the federal exemptions are granted there will be further discussions with the City as to the type of license applicable between what is described in the City bylaw as a “cannabis retail store” and a “compassion club” to satisfy the City licensing issue. Finally, the application is also being forwarded to the landlord via Mr. Leung, his legal counsel, in an effort to persuade them to hold off on any further steps in the eviction process to enable this application to be considered and if approved, to resolve the City licensing issue as the only issue arising in relation to the lease so as to enable the Project to continue to operate at its current location. The specific licenses, modifications and exemptions applied for are as follows: 1. A personal specific individual exemption for Mr. Neil Magnuson, and his designated volunteers, as the sole proprietor and owner/operator of “ The Healing September 16, 2020 Page 4 of 10 Wave” to enable him to receive, obtain and possess both licit and illicit cannabis in various quantities, forms and strengths for purposes of distribution by way of sale and donation only too registered customers (card holders)of The Healing Wave and/or its research program the Cannabis Substitution Project of the Serious Hope Society by way of a license to possess and sell cannabis for medical purposes (Reg.s.8(5)) and a license for research(Reg.s.8(1(e)); 2. A class exemption for all registered customers (card holders) of The Healing Wave as Class A to be able to acquire and possess both licit and illicit cannabis in various forms and quantities as a class described as “medically approved for drug dependency” and in amounts not to exceed 30gms unless otherwise ‘medically approved’ in accordance with the ACMPR for a greater amount up to 150grms as per current regulations; 3. A class exemption for all members of the not for profit Serious Hope Society as Class B to acquire and possess both licit and illicit cannabis in various forms and quantities as part of Class A but also, as a separate Class B encompassing members enrolled in the Society’s research program the Cannabis Substitution Project and in amounts not to exceed 30 grams unless otherwise ‘medically approved’ in accordance with the ACMPR for a greater amount up to 150 grams as per current regulations. Most importantly, we attach a current specifically strong supportive letter from Dr. Milloy, the Canopy Growth Professor of Cannabis Science, and Assistant professor, Department of Medicine, at the University of British Columbia as well as Research scientist, at the British Columbia Centre on Substance Use, who calls not only for the support and continuance of this Project but its expansion and notes its involvement in saving lives and assisting with his critical research. Dr. Milloy clearly supports this project as needed for both medical and scientific purposes as well as being clearly in the public interest. Similarly, we have attached a letter of support from Patricia Dribnenki-Pennock a Registered Psychiatric Nurse working in the Vancouver Downtown Eastside that speaks to the value of the project and the need for its continuation for both medical purposes and in the public interest. In further support and to explain its urgency please see attached Appendices A -E originally attached to the letter to Councilor Bligh at the City of Vancouver, for specific details of the development of this ‘Low barrier access’ project (further to a Vancouver City Council encouraging resolution - App. E) and its history and current operations, the science relied upon (App. C ) and the relevant supportive evidence relied upon from the recent preliminary constitutional law decision of the Alberta Court of Queens’ Bench in R v. Howell (App. D), that is ongoing in relation to sentencing. Also attached is further backgrounder by way of the email threads providing the details of the status of matters with the City of Vancouver and in particular with its Licensing September 16, 2020 Page 5 of 10 Department position that has resulted in the Landlord giving an eviction /termination notice for the end of last month, leaving the Project and its’ patient members on tender hooks as to their ability to access this medically supported project providing a non-lethal pain substitute and helping reduce their chances of dying from street meth or opiates as they have been able to do over the last several years - hence the URGENCY of this matter. In the past, when based out of VANDU, the Project had the additional support of that community and of the Vancouver City Police and the further support of the VPD is anticipated. We are copying Inspector Rai at the VPD for his information. It is respectfully submitted that something becomes "necessary"
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