[420 Girl]

Federal government lawyers will ask a judge today to throw out the case of an Ontario restaurant owner who wants one of his former patrons stripped of his right to smoke medical marijuana.

This is the latest manoeuvre in the legal battle between Ted Kindos, owner of Gator Ted's Tap and Grill in Burlington, and former customer Steve Gibson.

The restaurant owner is facing a human rights complaint for asking Mr. Gibson not to light up outside his business.

So Mr. Kindos is looking for a declaration from the Federal Court that people with a permit to smoke medicinal marijuana cannot do so in a public place or any licensed establishment.

He also wants the court to order Health Canada not to renew the permit of his former patron, arguing Mr. Gibson has not been in compliance with its terms of use.

Mr. Gibson contends in his human rights complaint that he's being discriminated against because he has a disability. Mr. Kindos argues he could lose his liquor licence if he allows Mr. Gibson to smoke or hold the controlled substance in or out front of his restaurant.

The case is one of three dealing with medical marijuana working its way through the human rights complaints process in Ontario.

In court documents, federal government lawyers said they are seeking to dismiss the case, arguing there is no dispute that requires adjudication because Health Canada does not purport to authorize permit holders to smoke marijuana in violation of any applicable law or in an establishment subject to Ontario's liquor licensing laws.

The regulations are "completely silent" in terms of where and when Mr. Gibson is authorized to use marijuana for medical reasons and there is no evidence he disregarded the terms of his permit in any way, according to the documents.

In addition, they argue Mr. Kindos lacks the standing to challenge Mr. Gibson's permit renewal and that the regulations do not authorize Health Canada to refuse renewal of a permit on the basis an applicant has "flagrantly disregarded its terms."

But Mr. Kindos's lawyer, Gary Graham, said in court documents the medical marijuana regulations do allow Health Canada to refuse to renew a permit if any information, statement or other item in the renewal application is false or misleading.

He said compliance with the regulations also includes following an information document issued to permit holders advising that controlled substances should not be consumed in public places or in contravention of other applicable federal or provincial laws.


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