injunction/court case updates

WHATFG

Well-Known Member
I'm not going to be here, and I don't know if I will have Internet access....this will drive me nuts all weekend and this is not good...
 

bigmanc

Well-Known Member
Hmm I wonder if it's smith or injunction vary as I heard last week this is the week for injunction vary decision.
 

gb123

Well-Known Member
For Immediate Release

Mon June 8, 2015

Victoria, B.C.: On Thurs June 11, 2015, the Supreme Court of Canada will hand down its decision in the trial of Owen Smith, former head baker for the Victoria Cannabis Buyers Club. This is the first time the highest court in the land has ruled on a medical cannabis case. A press conference will be held Thurs morning at the Victoria Cannabis Buyers Club, 826 Johnsons St, at 11am to explain how this decision will impact the distribution of cannabis as medicine.

In Dec 2009, Owen was arrested making cookies for patients of the VCBC and was charged with possession for the purposes of trafficking THC, the most active chemical in the cannabis plant. Since the beginning of its medical cannabis programs, Health Canada has given patients an authorization to possess and grow cannabis for medical reasons, but has prohibited them from extracting the resins or other active chemicals by making tea, hash or butter to make cookies. For many patients, especially children and the elderly, using cannabis extracts is the only reasonable method of ingestion.

Lawyer Kirk Tousaw, with the help of expert witness Dr. David Pate and 4 patient witnesses, convinced a Supreme Court of BC judge that the laws were unconstitutional because they violate a patient’s security of the person for no valid purpose. In a 2-1 decision last year, the BC Court of Appeal agreed, while affirming the concept that no one can be convicted on an unconstitutional law, even if the violation does not affect them directly. Unwilling to accept defeat on this matter, the federal government appealed to the Supreme Court of Canada.



A video of the SCC hearing is available on the Youtube channel provided below. It seems clear from the questions of the esteemed judges that the government’s position that smoked cannabis is safer because it has been studied more. While it is unclear what remedy the high court may try and steer the federal government towards, many are convinced this decision will change the direction of the medical cannabis industry in Canada by allowing a broad range of new products to become available.

For more information call 250-381-4220 or email [email protected].


http://www.scc-csc.gc.ca/case-dossier/info/sum-som-eng.aspx?cas=36059

http://forum.cannabisdigest.ca/viewtopic.php?f=5&t=5370

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WHATFG

Well-Known Member
I am kind of surprised that the SC took not very long to decide it...I guess once you get to this level of adjudication it's pretty much black and white with respect to the issue...so I smell another victory coming and you bums in Ontario better find a good place to party next summer!
 

gb123

Well-Known Member
having a decision made so fast means they had an easy choice to make...

which choice is easier again? :bigjoint:

Telling patients to fuck off for good
or
keeping the MMPR the way it is
 

rnr

Well-Known Member
ok stoner here but is the scc only for the patients to be able to use and make their own eatables, hashes and oils? in ont only? or Canada? bc kinda has the right now anyway so whats the diff?
is that all or am I missing something else like addy change? lol
 

rnr

Well-Known Member
that also seems to make it worse? if they rule on this now and allow lps to make it, disp might be shut down with force to direct all the $ to the lps. Vancouver is already fighting a new dispensary licensing.
 
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