Health Canada wants to pass on personal information to police

T

The420Guy

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OTTAWA - Health Canada is threatening to force licensed users of medicinal
marijuana to give the agency permission to pass on personal information to
the police.

Letters "strongly urging" medicinal users to sign and return the disclosure
consent forms were sent out last week by Health Canada.

But users of medicinal marijuana say that is an invasion of privacy and are
afraid the information could be misused.

"This unsolicited letter shows Health Canada more than strongly urging. It
is bullying and threatening," said Philippe Lucas, Director of Canadians for
Safe Access to Medicinal Marijuana, a non-profit organization.

"Why should chronically and critically ill people who use medical marijuana
be subject to different rules and regulations than other people in Canada?"

Health Canada says it needs the consent form to confirm or deny that someone
is authorized to possess or grow marijuana.

It's used, for example, when police arrest or question a person who claims
to be a licensed user.

Currently, Canadians who are licensed to use or grow the drug by Health
Canada are given the option to consent to such disclosure when they make
their application. More than 70 per cent have already done so.

But last week, those who did not sign received forms and a letter from
Health Canada "strongly encouraging" them to sign and return the papers.

The letter, dated Jan. 20, also says Health Canada is considering making it
mandatory to disclose such personal information to police agencies.

"For the present, your consent to disclose remains voluntary," reads the
last paragraph of the letter.

"Given concern for the public good, however, Health Canada will be looking
at making consent to disclose to Canadian police agencies mandatory in the
future and to make disclosure a requirement in the Marijuana Medical Access
Regulations.

"In the meantime, you are strongly encouraged to sign the appended form and
return it in the enclosed, pre-stamped and addressed envelope."

The letter is signed by Beth Pieterson, director general of drug strategy
and controlled substances. She declined to comment when contacted late last
week.

Catherine Saunders, a spokeswoman for Health Canada, confirmed the
department mailed 200 letters soliciting consent for disclosure.

"The purpose of those letters was to inform individuals of the benefits to
providing their consent," she said.

"For example, if police were to receive a complaint from a neighbour and
they went to investigate, they might first wish to call Health Canada to ask
if the address was known to us as being that of a person who possesses
marijuana for medical reasons," she said.

Lucas, who is a licensed medicinal marijuana user in Victoria, B.C.,
received his letter from Health Canada on Jan. 23.

"It's interesting but not surprising they are actively soliciting us to give
consent," he said wryly.

"But I absolutely object to mandatory disclosure. There are so many concerns
with that."

Among them, he said, is the lack of discretion it would give to AIDS
patients and those suffering from other illnesses, "in terms of dealing with
things like insurance and general prejudices."

But Lucas says he can understand why some people, particularly those who
live in apartments, might want to inform police they are exempt to ward off
a police investigation spurred by neighbours' concerns.

"But making it mandatory breaks all the rules of privacy," Lucas said. "This
is medical information about my medicine I share only with my doctor.

"I only share this with Health Canada in order to get the exemption.
Cannabis is just like morphine, which is also illegal to possess without a
prescription."

Other authorized exemptees across Canada voiced concerns police may raid and
arrest exemptees the day

after their licences ran out, if enforcement agencies know the expiry date
through this disclosure of information.

The letter from Health Canada says "under no circumstances" will personal
medical information be disclosed by the department.

In fact, the consent only allows Health Canada to confirm the person is a
licensed user and how much of the drug they can possess.

The form also includes the start and expiration of the permit, the address
of the exemptee, their date of birth and the production and storage location
for the marijuana.

All of that information is already listed on the plastic wallet-sized cards
Health Canada issues to licensed medicinal marijuana users.

Saunders would not say why consent to release information already available
to police on the medicinal marijuana licensing card was being demanded.

She did say the decision to show the card to police is the choice of the
licensed person, and therefore also a matter of consent.

Russell Barth, an exempted user in Ottawa who has written a children's book
about medicinal marijuana called Mummy's Funny Medicine, showed his card to
several police officers in Ottawa when he received it last summer.

"Most of them had never seen it or heard of it, so how can they know if the
card is legitimate?" Barth said.

He said Health Canada should spend its money educating the police about the
program, rather than attempting to invade the privacy of exemptees.

"But instead, they choose to hassle sick, dying people," he said.

"Everyday I wake up with my guts in a knot waiting for cops to come kick my
frigging door in.

"Every day. And I haven't been able to sleep since I got this letter from
Health Canada."


Pubdate: Monday, January 26, 2004
Source: Edmonton Journal (CN AB)
Contact: letters@thejournal.canwest.com
Website: Canada.Com
Author: Kirstin Endemann / Ottawa Citizen; CanWest News Service
 
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