Patients win constitutional charter rights ruling once again Medical Compassion Clubs will be back next year
THC Limits and Access To Medical Cannabis Program Ruled Unconstitutional
A decision on June 26 by Mr. Justice Robert A. Graesser of the Court of Queen’s Bench of Alberta has determined that Health Canada’s cannabis regulations violate section 7 of the Charter of Rights and Freedoms in two critical areas that the Victoria Cannabis Buyers Club has been arguing. Defendant Shaun Howell hired top-notch lawyers Jack Lloyd and Paul Lewin after being arrested in March 2017 in his cannabis production and processing facility near Innisfail. Alberta. Though the crown is expected to appeal the constitutional decision and the defense is preparing to appeal the sentencing, this critical judgement significantly helps the VCBC stand its ground.
Enough cannot be said about the quality of the evidence presented by the defense, with both expert and patient witnesses submitting concrete evidence that was mostly uncontested. In contrast, the crown once again did a spectacular job failing to defend regulations in court, similar to the infamous 2015 Smith trial. Ultimately, the judge could not deny the significant problems that continue to exist in the federal medical cannabis programs, given the well-documented failings of that system and the lack of evidence to justify restrictive regulations and cumbersome bureaucracy.
While Mr. Howell still may face penalties if the sentence is not overturned, he is clearly happy to see the bulk of his arguments win the day. “I am pleased to see the limits on edibles fall. I think that is a huge win for patients. The other part of the decision to constitutionally mandated medical storefronts, is also a big decision. Patients rights to access have been seen and upheld by Judge Graesser.” While the current cannabis industry is too wrapped up in a host of problems to fully appreciate and acknowledge the significance of this judgement, no doubt the Howell decision will be the next step in a long line of historic cases that have forced the government to improve its medical cannabis policies.
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