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http://www.macleans.ca/xta-asp/storyview.asp?viewtype=browse&tpl=browse_fram
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Cover
August 6, 2001

Rebel with a compelling cause

Jim Wakeford fights to make marijuana freely available to the sick and dying


MARK NICHOLS

Photo: Craig Chivers for Maclean's

'I'm beaten and just about destitute,' says the AIDS patient and veteran
social activist. 'But I won't give up.'

ONE OF THE WORST MOMENTS IN Jim Wakeford's life came last March as he rode
in a taxi through rural Ontario, smoking marijuana and chatting with the
driver. Suddenly, an Ontario Provincial Police cruiser appeared alongside.
Ordering the taxi to pull over, officers arrested Wakeford and seized a
pound of marijuana he planned to share with friends in Toronto who, like
him, use the drug for medical purposes. Eleven days earlier, local cops had
raided a rented farmhouse in Udora, 75 km northeast of Toronto, and seized
about 200 marijuana plants Wakeford was growing there. Now, the 56-year-old
AIDS patient was taken to a station to be photographed, fingerprinted and
charged with drug offences, including possession for the purpose of
trafficking. "I was freaking out," recalls Wakeford. "I was just terrified."
But Wakeford noticed that the cops were uneasy, too. "I think they were
humiliated," he says, "to be busting someone who has a legal exemption to
use marijuana."

The episode underscored the catch-22 contradictions embedded in federal
policy since Ottawa began granting exemptions for the medical use of
marijuana -- regulations that permit sick people to smoke pot, but force
many of them to obtain the drug illegally. Emaciated by AIDS, but doggedly
energetic, Wakeford has emerged as a highly visible warrior in the battle to
make the drug available without a web of bureaucratic restrictions. New
regulations that took effect this week -- making Canada the first nation to
establish a regulatory framework for the medical use of marijuana --
appeared partly designed to meet his demands. But Wakeford says the new
rules "don't change anything -- they will make it even harder for sick
people to get marijuana."

A veteran social activist and a prominent member of Toronto's gay community,
Wakeford first went to court in February, 1998, seeking a constitutional
exemption to use marijuana for medical reasons. He won his case, forcing
Ottawa, in June, 1999, to grant him one of the first legal exemptions. Since
then, federal officials have issued exemptions to about 300 Canadians
suffering from AIDS, epilepsy, multiple sclerosis and other diseases.

But Wakeford's exemption hasn't made his life any easier. Because he's tried
to grow or buy marijuana for those who couldn't otherwise get it, he has
been plagued by a series of busts. So far this year, he's been arrested
three times for growing and possessing more than the seven plants and 30 g
of smokable marijuana the previous federal rules allowed. "They want to make
an example of Jim," says his lawyer, Alan Young, a longtime opponent of
federal marijuana laws. "But they picked the wrong guy, because Jim is a
fighter."

The roots of Wakeford's defiance go back to growing up gay in Chaplin,
Sask., midway between Moose Jaw and Swift Current. "I never felt I
belonged," he remembers. "I was called every name you could think of." That
didn't stop him from springing to the defence of other bullied children.
"I've always believed," he says, "that strong people should help those who
are weaker."

Moving to Toronto when he was 19, Wakeford in 1967 founded and for 20 years
ran Oolagen Community Services, a Toronto treatment centre for troubled
young people. And in 1992, he played a central role in establishing a
fund-raising foundation for Casey House, a Toronto hospice for AIDS
patients. By 1993, Wakeford was fighting full-blown AIDS himself, suffering
nausea and loss of appetite. He says he'd smoked marijuana 25 years earlier,
but rarely after that. As an AIDS sufferer, he says, "I was amazed to
discover that the drug I'd once had so much fun with is terrifically
effective as a medicine."

In his continuing war with federal authorities, Wakeford is now asking the
Ontario Court of Appeal to order Ottawa to supply him with marijuana, or
protect his suppliers from the police. Under the new regulations, doctors
will be allowed to recommend varying amounts of pot according to patients'
needs, and federally licensed growers will be permitted to supply one
patient each with medical marijuana. Wakeford argues that Ottawa's new
regulations won't work. "Most doctors don't know anything about marijuana,"
he says, "and they won't prescribe it."

Meanwhile, the busts and court battles have taxed Wakeford's dwindling
physical and financial resources. Because he never expected to survive AIDS
as long as he has, the payout from an insurance policy he cashed in six
years ago is running out. "I'm beaten and just about destitute," says
Wakeford. "But," he adds of his crusade to make marijuana freely available
to the sick and dying, "I won't give up."



Copyright by Rogers Media Inc.
May not be reprinted or republished without permission.

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