From: johnturmel@gmail.com   
      
   TURMEL: 3 weeks to get James Wood hop-to-it medpot permit   
      
   JCT: James Wood waited 11 weeks after filing his medpot   
   application and then filed a Statement of Claim T-644-19 and   
   Motion for interim remedy. Judge Brown lifted the stay on   
   motions because James was past the 2 months the judge   
   preferred and ordered Health Canada to respond by May 1 and   
   his Reply by May 8.   
      
   Their response had an affidavit of Michael McGuire stating   
   that his nurse practitioner was not licensed to practice in   
   Manitoba.   
      
   But she was licensed to practice in Ontario and though James   
   was at a clinic in Winnipeg, she was in Ottawa where she was   
   licensed to practice. So they rejected her as not authorized   
   though her medical documents have been accepted previously.   
   Her first rejection. If only they had checked!   
      
   So since she was working with a clinic in Winnipeg, Health   
   Canada presumed that she signed his medical document in   
   Winnipeg and didn't find her on the Manitoba list of   
   qualified medical practitioners. But did not contact her to   
   see that she was Ontario where she is registered to   
   practice. Note that contacting the doctors to complete an   
   application, especially to check high dosages, is routine.   
   So why didn't they contact her and find out where she   
   signed.   
      
   But rather than battle it out over her medical document   
   being good, his family doctor decided to step in and sign a   
   new medical document. His damages suit may now also include   
   the cash he paid the clinic since they did nothing wrong.   
      
   Here's his story in his own words (quite the wordsmith!):   
      
   I, James Martin Wood, of the City of Winnipeg, in the   
   Province of Manitoba, AFFIRM THAT:   
      
   1.   On January 15, 2019 I attended an appointment at   
   Nalanda Clinic in the City of Winnipeg, in the Province of   
   Manitoba for the purpose of acquiring a Medical Document   
   Authorizing the use of Cannabis for Medical Purposes   
   ("medical document") for the Access to Cannabis for Medical   
   Purposes Regulations ("ACMPR").   
      
   2.   The meeting was a teleconference with Ms. Erin   
   O'Shaughnessy, Nurse Practitioner ("NP") who was physically   
   located in City of Ottawa in the Province of Ontario.   
      
   3.   On or about January 24, 2019 I received via Canada Post   
   the medical document from Ms. O'Shaughnessy.   
      
   4.   January 25, 2019 I mailed the application for personal   
   production of medical cannabis for and medical  document to   
   Health Canada.   
      
   5.   January 29, 2019 Health Canada signed for the   
   XpressPost package containing my application.   
      
   6.   February 25, 2019 after very close to a month of   
   waiting I phoned Health Canada seeking information about my   
   application.  I asked if they had received it. They   
   indicated January 30, 2019. I asked if there were any   
   problems with the application. They said none noted. I asked   
   what the status of the application was. They were unable to   
   offer anything other than "in processing". I asked if I   
   could speak with a supervisor. They said "no".   
      
   7.   On April 17, 2019, eleven weeks of waiting, nine phone   
   calls and an email with more or less the same questions from   
   me and the same answers from the customer support at Heath   
   Canada I filed a Statement of Claim and a Motion in Federal   
   Court.   
      
   8.   April 25, 2019 I received a letter of Cannabis   
   Regulations-Intent to Refuse letter from Health Canada   
   stating the reason as NP O'Shaughnessy's medical document as   
   not valid for the application.   
      
   JCT: Sure looks like they had not opened it after 11 weeks.   
      
   9.   April 26, 2019 attended person-to-person appointment in   
   the City of Winnipeg, in the Province of Manitoba and   
   acquired a new medical document from my personal doctor Dr.   
   Angus, MD   
      
   10.  April 27, 2019 mailed Priority Post amended application   
   with the new medical document for the Personal Production of   
   Cannabis under the Cannabis Regulations, to Health Canada.   
      
   11.  April 30, 2019 received Email filing of response   
   documents to my Statement of Claim and Motion, respectively,   
   from Department of Justice ("DoJ") and Mr. Michael McGuire   
   on behalf of the Office of Medical Access in Controlled   
   Substances and Cannabis Branch at Health Canada.   
      
   12.  The DoJ claims "The application indicated that the   
   plaintiff resides in Manitoba. The accompanying medical   
   document indicated that the health car practitioner was   
   licensed in Ontario, but carried on business in   
   Manitoba.Health Canada determined that the consultation   
   occurred in Manitoba."   
      
   13.  Mr. McGuire in his Affidavit is cited in the DoJ   
   document using the same assumption.   
      
   14.  NP Erin O'Shaughnessy carried on the teleconference   
   from the Province of Ontario as previously stated.   
      
   15.  Mr. McGuire states that Health Canada did searches on   
   February 6, 2019 of registries of nurses and did determine   
   that NP Erin O'Shaughnessy is qualified in Ontario.   
      
   16.  Notifying me at the time of the question of Ms.   
   Shaughnessy's qualification in February when I phoned after   
   almost a month on February 25, 2019, allowing a verbal alert   
   to me and/or adding that information to a file that customer   
   support people could provide to me in any of the 9 phone   
   calls, responding to my email, actually contacting me, or   
   sending me the Intent to Refuse in a timely manner would   
   have avoided my necessity to file in Federal Court, most   
   likely.   
      
   17.  The time frame from my Federal Court filing, just   
   before Easter, to the Intent to Refuse letter just after   
   Easter Monday was expeditious. It is clear that the   
   application was languishing subsea   
      
   18.  I have an amended application with a new and valid   
   medical document before Health Canada delivered at 10:42am,   
   May 1, 2019.   
      
   19.  Whether or not the correct determination was made by   
   Health Canada on Ms. Erin O'Shaughnessy's authority and   
   qualifications the issue is now moot with the new amended   
   application and medical document received by them May 1,   
   2019.   
      
   Affirmed before me at the City of Winnipeg in the Province   
   of Manitoba of on _________________,2019   
   _____________________________   
   Signature of Deponent   
      
   JCT: The Crown just sent James a letter:   
      
   Department of Justice   
   May 9 2019   
   VIA ELECTRONIC FILING   
      
   Federal Court   
      
   Dear Sir or Madam:   
      
   RE: Wood, James Martin  v. HMTQ File No: T-647-19   
      
   I am writing on behalf of the defendant, HMTQ, further to   
   our letter of April 30 2019. I ask that you kindly place   
   this letter before the case-managementjudge, Mr. Justice   
   Brown.   
      
   I am advised by Health Canada that is has now reviewed the   
   plaintiff's response to Health Canada's letter of April 23   
   2019. The plaintiff's response included a new medical   
   document signed by a health care practitioner in Manitoba.   
      
      
   [continued in next message]   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)