Canada Court Declares Laws Against Growing, Possession of Cannabis Unconstitutional

First off... this is the site of the guy who brought this case to the courts;

http://www.mernagh.ca

 

We have provinces, not states

Good question, I'm not certain but I believe that Tom is not correct that it will only affect Ontario. Here's a better article.

Note - The Judge ruled this in Ontario, that doesn't mean that it only affects Ontario law. I could be wrong however.

 

This is the court case from 2000 that was the last round in the war in the courts over this;

R. v. Parker

http://www.ontariocourts.on.ca/decisions/2000/july/parker.htm

wiki on it all.. not really detailed about anything though;
http://en.wikipedia.org/wiki/Legal_history_of_cannabis_in_Canada

After the ruling on the 2000 case, the courts gave the government a year to fix the laws or they would be struck down... the government did nothing, the laws were struck down... Possession under 30 grams basically became legal.

Cops still tried to enforce the laws unless publicly challenged by people, at which point they would back down and start ignoring it.

Then the government came back with the laws that are now going to be struck down, which includes a path (torturous and very long) to get exemption under medical reasons from the laws... The cops still busted people... but not quite as much, and it has been getting better... It also took months and month for the paperwork to get through... but because of a recent change in the system the delays have been cut back to 8-10 weeks. Of course, it is still hard to find a good doctor.

Whatever is now brought in, will have to go through the same process of bouncing through the courts, which will take more years... even if the new laws are worse then the old ones...

 

It only effect Ontario...

The rest of the provinces usually follow Ontario in these things though.

 

It only effects Ontario...

The rest of the provinces usually follow Ontario in these things though.

 

This is something that is still in progress... Before it is done, it will likely end up in the federal courts. That will effect federal law...

Until then though, Ontario court rulings only directly effect Ontario laws.

 

here is the new court ruling in pdf format;

http://www.marijuanalaws.ca/pdf/Mernagh-Ruling-Apr13-2011.pdf

 

I'm not saying that you're wrong, but the decision was against Canada's cannabis laws. If the decision were to change things, it would be changing Canada's cannabis laws.

If the post 90 day thing happened, yea, I understand that it would only affect Ontario (legal to possess until laws change).

But if the laws were changed following this decision, for better or for worse, they would affect the cannabis laws on a federal scale, due to the fact that the federal law was the one questioned.

Am I wrong here? If so, please reference something so I can understand.

 

If the laws are changed, they will be changed on a federal level, which will effect the whole country.

This ruling, if it hits the 90 day mark, only effects Ontario.

It will become legal to possess pot in Ontario.

However, if someone were busted in another province for possesion, their lawyer would cite the Ontario ruling, and the courts there would likely either throw out the case or suspend it, based on this ruling... But they don't have to...

clear? no... its canadian law... lol

 

Okay, I figured as much.

Yea, the rest of the provinces seem to follow Ontario's lead with things like this.

Except B.C. Get caught with pot out there and they slap you on the wrist. I read months ago though that cops wanted to "crack down" and enforce pot laws a little more because everyone is of the notion that they're super lax on possession out there.

I wonder how everyone got that idea...

 

This is hard to grasp because the challenge was not upon Ontario laws but federal laws.

 

Which is why when the laws are changed, they will be changed on a federal level... but until that happens, it is just a Provincial ruling...

Think of it this way... how many states have legalized pot... yet the federal government is still enforcing their laws... no difference, ecexpt that here, federal officers (RCMP) won't (I'm not sure if they can or not), enforce federal laws that were struck down provincially.... but don't quote me on that part because I don't know for sure...

 

actually this part of the law is called

customs and conventions

it is in fact british law which both usa and canada adopted


this is an excerpt from my 3rd constitutional challenge

so its about uniformity of law
and ... it isnt absolute ....... but it is

variations depend on whats commonly socially acceptable to that region
so eg; because the west coast is more liberal than ontario
this convention would definately be adopted there
same with quebec

but
because saskathewan is very conservative
it might not be ccepted there


all this of course is if you believe the system is legit

 

There you have it... clear as mud now... lol

 

also ultra-vires means the feds stepped outside their authority as alotted to provinces and fed when they passed a fed law ... which is illegal, it violates the bna.

 

And how have your challenges been going?

 

Read my post.
The 3rd set a legal precedent in supreme court of BC which reduced police powers in bc [and as customs & conventions applies across Canada]

i already posted that

in fact my last post i gave you is pure gold
a presentaion that makes judges duck and cover
as i said the fed never had the power to pass this law
that info only need be related in court to cause the system to squirm

 

Yeah, that sure solved the problem didn't it...

http://www.ctvbc.ctv.ca/servlet/an/...urnaby_grow_op_110113?hub=BritishColumbiaHome

http://www.thestar.com/news/canada/article/901404--rcmp-bust-27-b-c-grow-ops-in-marijuana-crackdown

http://www.cannabisculture.com/v2/content/2011/03/31/BC-Grandmas-Licensed-Grow-op-Busted-RCMP

 

what problem are you seeing ?
your response sounds sarcastic and immature 2 me.

 

We are in a thread about marijuana, and you are saying you made challenges that reduced the RCMP's power, specifically in BC. Yet the RCMP in BC are still busting people under the federal laws... Even people who are protected under federal law.

So, what have your challenges accomplished?