Court File No. 39740

                   COURT OF APPEAL FOR ONTARIO


The Honourable Mr. Justice Doherty           )
The Honourable Mr. Justice Goudge            )
The Honourable Madam Justice Simmons         )
                                             ) Tuesday Oct 7 2003
BETWEEN: 
              JOHN C. TURMEL AND J.J. MARC PAQUETTE
                                                       Applicants
                                                     (Appellants)
                               - and -
                      HER MAJESTY THE QUEEN
                                                       Respondent
                                                     (Respondent)

                              ORDER

THIS APPEAL by John C. Turmel and J.J. Marc Paquette for a 
declaration A) that the prohibition on the possession of 
marijuana in the Controlled Drugs and Substances Act is a 
genocidal violation of Applicants' S.7 Right to Life in 
accordance with the decision of the Ontario Court of Appeal in R. 
v. Parker and has been of no force and effect since Aug. 1 2001; 
or in the alternative B) granting Applicant a personal judicial 
exemption was heard on July 29, 30, and 31 2003 at Osgoode Hall, 
130 Queen Street West, Toronto, and judgment having been reserved 
until this day,  

ON READING the material filed by the parties and on hearing the 
submissions of John C. Turmel, appearing in person, and counsel 
for Her Majesty the Queen, 

1. THIS COURT ORDERS the confirmation that the Government had not 
enacted a constitutionally sound medical exemption by July 31 
2001 and that the marihuana prohibition in s. 4 of the Controlled 
Drugs and Substances Act has been of no force or effect after 
July 31, 2001. 

2. THIS COURT ORDERS that subsection 4(2)(c), section 7, 
subsection 34(2), subsection 41(b) and section 54 of the 
Marihuana Medical Access Regulations, S.O.R./2001-227 are of no 
force and effect which renders constitutional the medical 
exemption as described in the remaining provisions of the MMAR, 
thereby rendering the possession prohibition in s.4 of the CDSA 
no longer inconsistent with the provisions of the Constitution 
and immediately constitutionally valid and of full force and 
effect. 

3. THIS COURT ORDERS that the appeal of John C. Turmel and J.J. 
Marc Paquette is hereby dismissed without costs. 
_________________________________
(Signature of Judge or Registrar)