Health Canada sought to quash a subpoena issued to Louis Proulx, its Manager of Litigation, or alternatively to excuse him from testifying at a preliminary inquiry.
The respondent, charged with offences under the Controlled Drugs and Substances Act, sought to call Proulx to provide evidence regarding the Marihuana Medical Access Regulations and Marihuana for Medical Purposes Regulations, as well as to identify Health Canada employees who could provide such evidence and produce related documentation.
The respondent intended to use this evidence to support an anticipated constitutional challenge to section 5(1) of the Controlled Drugs and Substances Act at trial.
The court found that the subpoena was tantamount to an improper order for third-party document production and that the requested evidence, relating to the constitutionality of legislation rather than to the charges or alleged Charter breaches during investigation, arrest, or detention, was not properly discoverable at the preliminary inquiry stage.
