INJUNCTION AGAINST POT Charter challenge
If the government ultimately fails to overturn Manson's decision, it will leave the path clear for the patients' constitutional challenge of the planned new system.
As a result, the matter could be tied up in the courts for many months to come.
Several patients currently permitted to grow their own pot — or serve as a designated grower for someone else — argue the planned new system denies ill Canadians a safe, affordable supply of medical marijuana.
Some say they can grow supplies at home for pennies a gram, while official suppliers licensed by Health Canada charge anywhere from a discounted price of $3 a gram to as much as $13.50.
Patients say denying people the right to produce their own pot would violate their Charter of Rights guarantee of "security of the person."
The government rejects the constitutional argument, saying the charter does not ensure the right to produce one's own medication.
The number of people authorized to possess — and often grow — marijuana under the federal program has risen to 37,000 this year from fewer than 100 in 2001.
Several opponents of the planned federal changes — including lead counsel John Conroy — plan to talk about the case in Ottawa on Tuesday and hold a rally on Parliament Hill.