Woman’s deadly cannabis allergy highlights complexity of condo living
CBC News
Lisa Xing
20 September 2018
Adele Schroder
has a potentially deadly pot allergy, but other residents of her
Toronto-area condo are medical marijuana users, creating a case of
competing human rights. (Lisa Xing/CBC)
A condominium corporation in Mississauga, Ont., is puzzling over how it
can accommodate the conflicting medical needs of some residents as
marijuana legalization looms.
In April, the condo board of Applewood Place tried to pass a rule that
would ban growing and smoking marijuana in the building's units and
common areas. Condo owners eventually voted it down.
This concerned resident Adele Schroder, 38, who, in her late teens,
discovered she had a potentially deadly allergy to cannabis at a
university party when people around her smoked up.
"My lips started getting tingly and my tongue started to swell," she said.
Schroder says she has largely been able to manage the allergy since
then, but as pot legalization looms, she has noticed a change in the
habits of other residents in the building.
"Now that it's becoming legal it's leaking into the hallways, getting
into the ventilation system," she said. "I can't control my
environment."
So, Schroder carries an EpiPen with her at all times, puts towels under
the door, runs two air purifiers, never uses her balcony and largely
avoids common areas except the laundry room.
"There's a good chance I could go into anaphylaxis and it could be a life-threatening situation," she said.
Moving out of her modest condo is not an option, either. Schroder
stopped working several years ago, after suffering a head injury in a
car accident. She has been on disability benefits ever since, and would
likely not be approved for a mortgage.
Upon raising the issue with her condo board, a new problem presented
itself. She discovered there were at least a few medical marijuana
users in the building. Soon, it became an issue of competing human
rights that lawyers say presents a unique challenge.
"It kept me up all night thinking. It's highlighting how unique these
interactions are going to be," said Maria Dimakas, a lawyer
representing the condo corporation. She says most smoking cases involve
people who find the smell of tobacco or marijuana smoke to be a
nuisance, which is covered under typical condo rules.
Competing human rights
But Schroder's situation is "life-threatening," she said. "Who is
qualified to decide anything in the circumstances of peoples' rights
and whose are more important than others?"
This adds another layer to the issue, as the lawyers now consider the
situation a human rights issue, which essentially trump condo rules.
"It's a novel issue because corporations all over the city are doing
non-smoking-in-unit rules," said Denise Lash, Schroder's lawyer. "But,
we haven't really dealt with a situation in which boards are looking
outside of rules to impose non-smoking in units."
Win-win solution
A human rights lawyer in Toronto says there isn't a "hierarchy" of rights.
"You look for a win-win solution," said Ryan Edmonds, who has consulted
with Lash on the situation. "The win-win solution would be one where
the person with a lethal allergy to smoke is not exposed to smoke and
the person prescribed cannabis is able to continue consuming cannabis
in a way that doesn't infringe on the other person's allergy or
disability."
The condo board at Applewood Place is trying to find a way to
accommodate both sides, which is complicated, according to board
president David LaFayette.
"We have two competing sets of human rights here," he said. "We're wrestling through this."
We're wrestling through this.
—David LaFayette, condo president of Applewood Place
LaFayette tells CBC Toronto the board is considering various options,
including banning smoking marijuana on Schroder's floor and the floors
above and below her, making structural changes to units in the
building, and exploring whether the medical marijuana users are able to
eat edibles or use oils.
All of these options require extensive consultation with physicians,
contractors, engineers and specialized lawyers, which can get expensive.
"It's very tough because now we're starting to spend the residents' money," said LaFayette.
"If [nothing] works, the only thing I can possibly think of is to ask
direction from a court to determine peoples' rights," Dimakas said.
Schroder hopes it doesn't get to that point, and instead, is hoping she can resolve the issue by compromising.
"I really love the community I'm in. I don't want to limit what people
are doing in their own homes," said Schroder. "It's really stressful."
Clarifications
The condo board president originally told CBC News the board cannot try
to pass the marijuana ban again for two years. That doesn't apply in
this case, as that restriction only applies to rules that have been
passed, which the proposed marijuana ban did not.
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