From Conroy's website:
A. Status of Trial preparation and developments and interlocutory/interim Appeal and Cross Appeal Updates:
July 2016
It is now July 10th, 2016, which means Canada has less than 2 weeks to go to meet the August 24, 2016 deadline (6 months from February 24th, 2016 when Phelan J. declared the MMPR to be unconstitutional and suspended that declaration for 6 months) to enable Canada to make constitutional Medical Marihuana Regulations that provide "reasonable access" in accordance with his decision.
Attached Is a Copy of the "Judgment" that contains the Order making the declaration and ordering its suspension and importantly ordering that the injunction of March 21, 2014 "remains in effect until this court orders otherwise."
While it is unlikely that Canada will allow the MMPR to become unconstitutional, in effect, by doing nothing by the deadline due the consequences that this would have for all MMPR licensed producers and patients, they might seek an extension of the deadline, possibly based on their intention to commence the "legalization" process by the spring. We have not received such a request, and if we do we would not be inclined to agree unless, at a minimum, provision is made to enable existing patients, covered by the injunction, to move their sites to accommodate their current situations. Arguably, given that section 267 of the MMPR repealed the MMAR, that section would also be unconstitutional if the government does nothing and it may be that the MMAR would be back in force and it has provision for changes to licenses being able to be made, however this is an unlikely scenario.
While counsel has had the opportunity to have considerable discussion with Bill Blair MP and Parliamentary Sec. to the Minister of Justice primarily with respect to the "legalization" issue, counsel for Canada have declined, on instructions from their client, to sit down with counsel for the Plaintiffs to discuss the possible content of the proposed new medical regulations as a way to avoid or minimize further court proceedings on the question of whether or not they meet the test of "reasonable access" as defined and reflected in Phelan J's judgment. We were told that they did not consider a meeting to be necessary at this tiime.
Consequently, whatever the Government of Canada promulgates by way of new regulations will have to be reviewed by counsel, and we will have to go back before Justice Phelan to review them and determine whether or not they provide "reasonable access" and what should occur to the extent that they do or don't.
Importantly, the injunction order of Justice Manson of March 21, 2014 will remain in effect until Justice Phelan, "orders otherwise."
We will be attempting to arrange to get back in front of Judge Phelan at an early time after we receive a draft of the new regulations."
Then on the main webpage under Elliott please post that Canada has appealed that decision and I attach a copy of the notice of appeal to be posted. Also, I attach a copy of the decision in Neary Sask QB to be inserted above Elliott and together with the notice of appeal that Canada has just filed in that case. The heading above Neary should read "Sentencing for Cannabis Offenses when Legalization is Looming".
Thanks,
John
