In a decision that may set the stage for yet another constitutional legal battle over the province’s proposed strict draft regulations on cannabis edibles, Quebec Superior Court held that the two sections of the Quebec Cannabis Regulation Act that prohibited Quebec residents from growing or possessing cannabis plants at home for personal use were unconstitutional because it infringes upon the federal Parliament’s exclusive authority on criminal law.
In an extraordinary development at a time when the justice system in Quebec is grappling with the after-effects of the landmark Jordan ruling, Quebec Superior Court judges have launched a suit against the federal and provincial government over the exclusive jurisdiction of the Court of Quebec in some civil matters.
The suit against the Attorney General of Canada and Quebec is seeking a declaratory judgment to determine whether the Quebec government has violated the Constitution Act, 1867 by giving the provincial court exclusive jurisdiction to hear claims over $10,000.
The constitutional challenge, initiated by Quebec Superior Court’s chief justice, senior associate chief justice and associate chief justice, also questions whether the Court of Quebec has the jurisdiction to hear appeals from administrative tribunals.
In a ruling hailed as a victory for federalism, the Quebec Court of Appeal struck down dozens of provisions of the federal Assisted Human Reproduction Act it deemed to be unconstitutional because it encroached on provincial jurisdictions.