Opening Statement



Thursday, 31 May 2018

No Toking: Cannabis y Condominiums?


No toking allowed! Think you'll be able to peacefully enjoy a toke in the privacy of your own home once Canada's legalization bill is passed? Think again! [NOW!]

The Canadian Senate votes on legalization June 7th. Meanwhile, OREA's [Ontario Real Estate Association] realtor's, developers, landlords, property managers and a lot of lackey condo boards are racing to ban smoking cannabis from their buildings. In some cases medical cannabis patients will be clearly exempt. In many others? Not!

Summer is almost upon us! Regretfully, I'm busy consulting lawyers, cannabis advocacy groups, activists, and other various sundry. Tied up with meetings, messages, you name it. Why? Because it almost happened at our building, and I'm not sure we've heard the last of this yet!

So how will you fare! Have you been looking forward to a nice, legal toke in the sanctity of your home? Be it a condo? A rental? Or even public housing?



Are you aware of OREA's nefarious and politically motivated conspiracy to make that go up in smoke asap before the 7th? Do you realize how little time there is to act? Or you'll face a lot of grief?

Surprise! Neo-conster Tim Hudak is back! As CEO of OREA! That's right! The very same Timbo! The former Ontario Conservative leader! Who's political career crashed and burned along with his parties huge 2014 election lead! The original Mr. "100,000-Public-Service-Cuts" who declared war on our schools, hospitals and other public services!

Yup! Timbo is still very busy! Wasting no time! Remember the hard "hate on" he had for lobbyists and special interest groups! Well, now he's leading one! "Big Brother" and "Nanny State" style! To target cannabis users right in the privacy and sanctity of our home!

Timbo's lobbying the Conservative senators in Ottawa. Also our new Ontario government, whomever that will be. Trying to get ahead of legalization, force hands and subvert the process against everyday folk like you and me. The phoenix is rising! You can even visit his OREA website in full blown glory with all it's bells y whistles @ [OREA]



Be careful! Very careful! Tim Hudak knows that legalization is going to be a total legal mess! So he's being REAL sneaky! It's usually very difficult to change condo "by-laws". They require proper notice, quorum at a meeting and an 80% vote. For good reason! Especially here!

Consider this -OREA's goal is to "grandfather" the smoking of tobacco and cannabis at home for the large number of everyday folk who own a condo or don't live in a house or apartment of your own! It's in the interests of his corporate clients, disguised with a trendy "Smoke Free" thrust. No matter that it's a huge civil liberty issue, setting a very bad precedent for years to come. Our medical or recreational cannabis community be damned! So what's the plan?

Meet reefer mad woman Denise Lash of Lash Condo Law, a so called "boutique" firm! Working with OREA she's gleefully singing their tune! Piling on heaps o' fear mongering, conjecture, and game playing to forward the OREA agenda for Ontario's landlords, property managers, developers and realtor's across the GTA before June 7th.

Imagine this if you can! I certainly can't! Cannabis is legalized June 7th! Crazed pot smokers over run the hallways of your building! Starting fires! Setting up grow ops of the devil's weed that waste huge amounts of  precious utility dollars while rendering the units unsaleable.

Get this! Lash Condo Law, probably like a lot of these boutique firms, knows how your condo board can pass OREA's toking ban as a "rule" instead of as a "by-law". That way, it passes within 30 days unless 15% of the condo owners organize and object. If  not?

Verboten -No discussion, debate or vote allowed!



How democratic, and community orientated eh? Who's interests are being served? Certainly not the lowly condo owner looking forward to a legal toke in the comfort of their home!

Yup! Lash Law's been busy, busy busy, feverishly whipping up public and condo board support for "the rule". Then it seems, spoon feeding Denise's shocked readers with the low down, nitty gritty on how to use it to meet OREA's goals.

See for yourself! Read her "news" interviews and law blogs @ [LCL] [LCL] and @ [PC].

Alas! The boutique firm somehow left something very important out of the "Smoke Free Environment Rules", and the owner's "Notice of the Rule" that they drafted for our property manager to bring to our condo board for a vote. There wasn't any mention whatsoever of medical cannabis patient rights or accommodation at all!

Welcome to Prohibition 2.0 -condo style! Fortunately, as a board director, medical cannabis activist and patient I noticed right away. Raised the red flag of human rights violations. Made sure the rush "rule" got shot down at an emergency board meeting called for a week later. Sure it took a lot of time and effort. But if I hadn't?

Should your board pass "the rule", it could face a very expensive legal challenge and hike in your maintenance fees! While OREA sits twiddling their thumbs waiting to see how it all works out!

Regretfully, I for one, would immediately hand it over to any number of interested parties to run with as a human rights complaint at the drop of a hat! This is just so plain, terribly wrong!


Think about it! Under our new "rule", even medical cannabis patients "must sign" and identify themselves to the board of directors and by association, our property manager and building superintendant, as smokers. Same with recreational tokers, even though smoking weed is still an illegal activity.

The condo board then also has "sole and absolute discretion" to decide if we 're being an "annoyance or nuisance" and what to do, should anyone object to the smoke or odour from our medical cannabis, while indemnifying the board and holding it harmless! As a medical cannabis patient, I only vape at home, and always try to be reasonable, but this, of course, is totally unacceptable. On these issues the rule is silent. Very unclear for the layman/ woman, at least, among all the legal jargon. Probably our average neighbour, building superintendent, or board member who might act on it too!

No cultivation is allowed either. Hello ACMPR ........

The list goes on and on ....



For shame! Medical cannabis users have been waiting since 2001 at the very least for legalization to end the stigma and discrimination we face daily. We need safe, reliable, hassle free access to our medication, just like any other patient. We await further direction from Ottawa and the province. But not so OREA it seems, even though there will surely be plenty of human right challenges indeed.

Nor would we medical cannabis patients likely be alone! Are you young? Do you belong to a visible minority group? Are you a white collar professional with a legal reputation to uphold? Or just an everyday recreational toker? Or perhaps just someone who might want to try cannabis after it's legalized? You could face arrest for having to go outside for a toke instead. Yes! Under Ontario's Cannabis Act, that'll still be illegal! Hello, police .....? [VICE] [IPol]

Welcome to the new wrath, stigma and discrimination of Prohibition 2.0, courtesy OREA and "boutique" law!

My advice? Act now or get ready for a lot of grief and a big fight ahead! Best contact your condo board or tenants association! ASAP! It's high time to nip any such "rules" in the bud, right now where you live, before it's too late! 



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