ST. CATHARINES, ONT. - The federal government is appealing a landmark ruling that could legalize marijuana possession, at least in Ontario. ST. CATHARINES, ONT. - The federal government is appealing a landmark ruling that could legalize marijuana possession, at least in Ontario.

That April 11 judgment by Superior Court Judge Donald Taliano in a St. Catharines courtroom threw out pot production charges against Matthew Mernagh.

It also deemed the federal medical marijuana program unconstitutional.

Last week, the Public Prosecution Service of Canada filed a notice of appeal to the Ontario Court of Appeal against Taliano's ruling.

It says Taliano erred in law by declaring the medical marijuana law was unconstitutional.

"I am confident of a win," said Mernagh's lawyer Paul Lewin.

"There was a lot of evidence for (us). And it wasn't just Matt.

"I think we had a total of 23 witnesses, who clearly should qualify (for medical marijuana), and all had very serious conditions and couldn't get their doctor to sign."

Mernagh, 37, now lives in Toronto, but was formerly from St. Catharines and suffers from fibromyalgia, scoliosis and a seizure disorder.

He has been unable to obtain a license for medical marijuana to help ease his symptoms.

Taliano had also permanently stayed charges against Mernagh, stemming from his 2008 arrest when Niagara police seized 70 pot plants from his St. Catharines apartment.

Taliano found Canada's medical marijuana program fails to give legal access to sick people who need the drug, largely because many family doctors refuse to endorse the needed paperwork for patients.

The trial judge struck down laws against both possessing and growing marijuana as part of the ruling.

As well, he gave Ottawa three months to overhaul the medical marijuana program or effectively legalize its possession and production.

A date for the appeal hearing has not yet been set.