What is the test for a medical marijuana use under section 56 of the Criminal Code?

Canada (Federal), Canada

The following excerpt is from Paquette v. Canada (Attorney General), 2001 FCT 891 (CanLII):

In his decision in Néron v. Canada (Attorney General of Canada), 2001 FTC 683, Teitelbaum J. said: ...Therefore, to be permitted the use of marijuana for medical reasons, the person making such a request must show sufficient evidence that the applicant requires marijuana to alleviate pain or nausea. Having said this, the respondent has a duty not to put impediments in the way of such requests that would make the granting of such a request under section 56 illusory. The respondent should, first of all, ensure that such a request as is being by the present applicant be dealt with in the shortest possible delay, not months as appears to be happening in this case. Secondly, the consideration of such requests should be given in a generous and sympathetic manner and not in a restrictive or narrow manner. Any doubt, if the person is ill, should and must be resolved in favour of the applicant.

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