blogSupreme Court of Canada Judgement in R v. Smith: Court Rules Restriction to Dried Marijuana Violates Charter

June 11, 2015

The Supreme Court of Canada in a very strong ruling released this morning found that a medical marijuana access regime that only permits access to dried marijuana unjustifiably violates the guarantee of life, liberty and security of the person contrary to section 7 of Canada’s Charter of Rights and Freedoms. The Supreme Court ruled this violation of section 7 of the Charter is not reasonable and justified under section 1 of the Charter. According to the Court, the disconnect between the prohibition and its object renders it arbitrary under section 7 and also frustrates the requirement under section 1 of the Charter that the limit on the right be rationally connected to a pressing objective. For this reason the Supreme Court of Canada concluded the infringement of section 7 is not justified under section 1 of the Charter.

The Supreme Court of Canada ruled the appropriate remedy in the circumstances is a declaration that sections 4 and 5 of the Controlled Drugs and Substances Act (Canada) “are of no force and effect, to the extent that they prohibit a person with a medical authorization from possessing cannabis derivatives for medical purposes”.

If you have any questions or would like more information regarding applying to be a licensed producer under the MMPR, Canada’s Marijuana for Medical Purposes Regulations, call or email Koby Smutylo at 613 869 5440 or koby@lawyercorporation.ca.