injunction/court case updates

bigmanc

bigmanc

Well-Known Member
buckets said:
Here's a response from lawyer Kirk Tousaw about the Phelan case...

Many people have questions about the Allard v. Canada Federal Court Trial Division decision coming down Wednesday February 24 at 9am PST. I'll try to touch on some of the more common ones I've seen or been asked today:

1. This is a trial court decision with national effect. If we lose we will appeal to the Federal Court of Appeal and we will seek to continue the protection of the current injunction and/or expand upon it. I don't know if the Crown will appeal if we win. I expect it will and that this fight will continue no matter what the decision is.

2. It is impossible to tell anyone what the impact of the decision will be. In the first place, we don't know if it will be a total win, partial win, partial loss or total loss. We have no ability to impose the remedy we want - we can only ask for relief and the Judge decides what to do.

3. If we lose the Crown argued that the injunction should immediately end and all patients should immediately stop producing medicine or be subject to arrest. We argued that even in a loss situation, the Judge needed to give people time to shut down their gardens and not turn them into criminals overnight. We don't know what the Judge will do.

4. If we win, we don't know what the win will look like. We asked for several possible remedies but the Judge can do what he feels is best according to the Charter. That could include making the current injunction permanent, expanding it, declaring the CDSA invalid and a whole host of other options. It could enable address changes or it may not. He could just declare it unconstitutional to criminalize personal/caregiver medical production, suspend the declaration for 6 months or a year and send it to the government for a response. Any win is likely to include, at least, extending the current injunction because it would be odd to find in favor of a Charter right yet end the injunction that protects patients.
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westcoast420

westcoast420

Well-Known Member
Anybody else think it's very interesting that this decision is being given at 9am on wed and the public forum on legalization by the government is being held half an hour after at 930? This seems all to well coardinated, seems like the judge and the government have been chatting, don't think that's a good sign.
 
M

Medipuffs

Well-Known Member
1) the panel of discussion is being held in Ottawa, Ontario (eastern standard time) 9:30am
-
Wednesday, February 24th
9:30am – 11:30am
Room 160-S, Centre Block

2) the court decision is being held in Vancouver, British Columbia (pacific standard time) at 9 am PST (or 12:00 pm est)

From the desk of John Conroy;

"We have just been notified that Mr. Justice Phelan of the Federal Court Trial Division will be rendering his decision in the Allard case on Wednesday morning at 9 AM. PST"

http://cannabisincanada.ca/allard-de...y-february-24/

After the panel discussion in Ottawa is over the attention will turn to the judgement in Vancouver. I have no idea if the panel will meet again after said decision and ask for more input. Tomorrow will be interesting to put it mildly...
 
G

gb123

Well-Known Member
I think they'll get over it
.....and demand they be allowed to sell to everyone!!
then wanna a law saying they have that right (:


Kirk Tousaw..

"I expect it will and that this fight will continue no matter what the decision is."


that says it all in a nut shell... :idea:
 
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