"Impact of R. v. Smith (SCC), 2015 SCC 34
On June 11, 2015 the
Supreme Court of Canada unanimously dismissed the government of Canada's appeal from the decision of the British Columbia Court of Appeal (2014 BCCA 322) that had essentially upheld (except as to remedy) the decision of Mr. Justice Johnson of the British Columbia Supreme Court (2012 BCSC 544) striking out the limitation to "dried marihuana" in the Marihuana Medical Access Regulations (MMAR). The SCC decision takes immediate effect, so there is no suspension of the declaration of unconstitutionality and it applies across the country. The effect of the decision is as follows:
- all MMAR approved patients across Canada can now legally possess cannabis in all of its forms for medical purposes;
- all others, as long as medically approved under either the Marihuana for Medical Purposes Regulations (MMPR) or Narcotic Control Regulations (NCR) can use this decision in their defense to challenge the constitutionality of the limitation that continues in the MMPR and NCR if they possess other forms besides dried and are arrested and charged, or
- await the decision of Mr. Justice Phelan of the Federal Court Trial Division in the case of Allard v. The Queen that directly challenges the same limitation in the MMAR, MMPR and NCR, whereas Smith was limited to the MMAR.
When the Smith decision came down we sought permission from Justice Phelan to make a submission with respect to its relevance in Allard, and the Plaintiff’s submission was due June 25 and is linked below. The Defendant Canada has until July 8 to make its submission on this issue."
From Conroy's web site
I copied this just for our info here.....
but anyone know if the defendant Canada made its submission by july 8th?
or 
or 
