From: johnturmel@yahoo.com   
      
   JCT: The Crown and the judge mentioned how Waylon hadn't yet   
   started a judicial review when he sought interim remedy.   
   Before he can, he has to find out if Health Canada had a good   
   reason to take 16 weeks to process his outdoor ACMPR   
   application.   
      
   The judge dismissed his plea to grow more outdoor so late in   
   the season because he could have asked Health Canada to amend   
   his permit. Except it wasn't processed until 2 days after he   
   filed his court action. So he couldn't have sought to amend   
   when he filed for relief, he hadn't had anything to amend. But   
   judges will say anything...   
      
   So here's his letter to Health Canada. In it he mentions that   
   he has sent in an application to amend his permit to grow.   
   We'll get to see if that takes another 16 weeks though he   
   prods them.   
      
   Waylon O'Reilly   
      
   July 31 2017   
      
   Mike McGuire   
   Director of Operations   
   Office of Medical Cannabis   
   Health Canada   
   E: omc-bcm@hc-sc.gc.ca   
      
   ORDER OF MADAM JUSTICE ROUSSEL (JULY 27 2017)   
      
   1. In her July 27 2017 Order T-1008-17, Federal Court Madam   
   Justice Roussel wrote:   
      
       UPON motion of the Applicant filed on July 10 2017   
       pursuant to S.18 of the Federal Courts Act, seeking an   
       Order granting him interim relief of a personal   
       constitutional exemption to allow the Applicant to plant   
       double the outdoor marijuana plants according to his 16-   
       week-awaited ACMPR permit for 19 outdoor plants before the   
       grow season ends pending final processing of Applicant's   
       ACMPR authorization and judicial review;   
      
       AND UPON considering that the Appellant indicates in his   
       supporting affidavit and in his written representations   
       that he seeks an Order for "an interim constitutional   
       exemption to cultivate 38 outdoor plants for the remainder   
       of the 2017 growing season pending processing of   
       Applicant's ACMPR authorization and judicial review of   
       processing delays as a violation of the Charter S.7 right   
       to Life;   
      
       AND UPON considering that at the hearing of his motion,   
       the Applicant indicated that he wished to have to ability   
       to grow as many plants as he can;   
      
       AND UPON considering that the Applicant applied to Health   
       Canada on March 17 2017 for a license pursuant to the   
       ACMPR to cultivate nineteen (19) outdoor marijuana plants;   
      
       AND UPON considering that the Applicant's application has   
       been processed and that on July 12 2017 he was granted a   
       certificate to cultivate the number of plants requested in   
       his initial application and that there is no outstanding   
       issue with respect to this application;   
      
       AND UPON considering that the the Applicant seeks a   
       constitutional exemption allowing him to grow additional   
       plants for the remainder of the 2017 growing season as a   
       result of the alleged delay by Health Canada in approving   
       his application, which the Applicant argues is in   
       violation of his rights under S.7 of the Charter, Part 1   
       of the Constitutional Act, being Schedule B to the Canada   
       Act 1982;   
      
       AND UPON considering that the Applicant's motion for   
       interim relief is not supported by any underlying   
       proceeding as Rule 372 of the Federal Court Rules nor has   
       the Applicant demonstrated to the Court's satisfaction why   
       no underlying proceeding has been commenced since the   
       filing of his motion on July 10 2017;   
      
       AND UPON considering that the Applicant indicated during   
       the hearing of his motion that he has not approached   
       Health Canada for permission to increase the number of   
       plants; (D)   
      
       THIS COURT ORDERS that the Applicant's motion is   
       dismissed.   
       Sylvie E. Roussel, Judge.   
      
   APPLICATION TO AMEND PERMIT   
      
   2. Justice Roussel ruled I should have filed an application to   
   amend my permit to grow more plants. Sadly, my permit had not   
   yet been delivered for  me to apply to amend. But now that it   
   has been delivered 4 months to the day I mailed in my   
   application, I am today sending in an application amend my   
   permit to plant 500 seeds for the remainder of the 2017   
   outdoor grow season and see what results.   
      
   3. Given the outdoor grow season is coming to a close, I hope   
   this won't be another 16-weeks for processing and would   
   actually hope you can give this application to amend the same   
   expeditious 2-day-service your team showed after I filed my   
   action. Take much longer and I may have to ask another judge.   
      
   NO UNDERLYING ACTION OR JUDICIAL REVIEW   
      
   3. I could not commence an underlying proceeding until I found   
   out whether the 16 weeks it took to process my application was   
   justified or not. I could only plead for immediate relief. So,   
   to this end, here is the timeline:   
      
   - Mar 17 2017, I mailed my Application for 19 outdoor plants;   
   - July 10 2017, after waiting 16 weeks for the application to   
   be processed, I filed a motion for a constitutional exemption   
   to grow double my expected plant limit right away before the   
   growing season was over.   
   - July 12 2017, Health Canada approved and mailed my permit;   
   - July 17 2017, I received my permit;   
   - July 26 2017, my motion to grow more plants was dismissed   
   for failure to file an Application to Amend my permit which I   
   had not yet received.   
      
   4. In your July 19 2017 Affidavit for my Federal Court Motion   
   to grow more plants in anticipation of delivery of my 16-week   
   delayed ACMPR permit,   
      
       1. I am employed as Director of Operations in the Office   
       of Medical Cannabis at Health Canada. My job   
       responsibilities include overseeing the team responsible   
       for registering individuals who wish to produce a limited   
       amount of cannabis for their own medical purposes in   
       accordance with the ACMPR.   
      
       4. If an individual wants to produce a limited amount of   
       cannabis for his own medical purposes, he or she must   
       submit an application to register with Health Canada. An   
       original medical document from the health care   
       practitioner must be provided and the application must   
       include such information as the local of where cannabis   
       will be produced and stored.   
      
       5. If successfully registered, the individual receives a   
       registration certificate from Health Canada which includes   
       information required for the individual to show his or her   
       legal authority to possess and produce cannabis. It also   
       includes the location and maximum limits of the production   
       and storage activities, as well as the individual's   
       possession limit.   
      
   5. Your Affidavit notes the exemption permit contains the   
   following 10 completed information fields:   
       Name   
       Date of birth   
      
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