This article was last updated on April 16, 2022
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A Vancouver man has filed a class action lawsuit in the Federal Court on Monday seeking damages in an alleged privacy breach, involving Health Canada mailing letters to 40,000 people, which exposed their identities as participants in the Medical Marijuana Access Program. Vancouver resident, Jason Wilcox, filed the class action lawsuit on behalf of Canadians who had their personal and health information compromised.
Speaking on behalf of Wilcox and other applicants, Kate Saunders of Branch MacMaster LLP, stated that “from what we understand, and of course this will be confirmed in the action, 40,000 people who were participants in the medical marijuana program had their private health and personal information breached by them or released by Health Canada when Health Canada sent out the letters with the medical marijuana return addresses on them.” She further added that “anybody could read it. It not only compromises the confidentiality of participants’ personal and health information, but it also compromises participants’ physical safety and security.”
Court filing reveals that the federal government enacted Marihuana Medical Access Regulations in July 2001, which empowered the Minister of Health to issue authorizations and licences to people permitting them to possess or produce marijuana for medical purposes. It was highlighted that before November 2013, Health Canada communicated via private courier in envelopes that did not include the word “marijuana.” However, the lawsuit complains that the government addressed letters via Canada Post in November, which said “Marihuana Medical Access Program” outside of the envelope.
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