There may yet be hope for Quebec homegrown cannabis growers.
The Supreme Court of Canada will examine the constitutionality of a provincial ban that forbids the growing of recreational cannabis for personal use. No date has been set for a hearing.
The Quebec Court of Appeal overturned a lower court rulinglast year that held that Quebec’s prohibition on home cultivation was unconstitutional.
The Appeal Court concluded instead that the province was acting within its jurisdiction over property and civil rights when it decided to regulate the market by creating a state monopoly to minimize the “harmful” effects of cannabis on health.
A lower court ruling that struck down a provincial ban on homegrown cannabis was overturned by the Quebec Court of Appeal after it held that the province was acting within its jurisdiction over property and civil rights when it decided to regulate the market by creating a state monopoly to minimize the “harmful” effects of cannabis on health.
Thanks to the Quebec Appeal Court ruling, Quebec along with Manitoba are the only provinces that still have in place a strict regulatory approach that bans residents from growing recreational cannabis at home in spite of the federal law, Cannabis Act, allowing individuals to grow up to four plants.
A mother of a three-year old child addicted to marijuana was denied shared custody after Quebec Superior Court held that her cannabis consumption compromised her parental skills.
In a ruling widely expected by family lawyers to be among the first of many the courts will hand down following the legalization of cannabis, Justice Jérôme Frappier held that the mother’s cannabis’ addiction, coupled with her anxiety attacks, represented a “serious risk” because she would be unable to adequately respond to the needs of her child if she had shared custody. Justice Frappier awarded custody to the father, and granted the mother visitation rights two out of every three weekends but only if she is not under the influence of cannabis or any other drug in the presence of her child.
Employers are disappointed that the Quebec government failed to provide new rules and guidance under its recently unveiled legal framework for the consumption, sale and distribution of marijuana, according to employment and labour lawyers.