Applicants charged with Controlled Drugs and Substances Act offences related to possession and sale of cannabis brought a joint application challenging the constitutionality of sections 5(2) and 4 of the CDSA in combination with the Access to Cannabis for Medical Purposes Regulations.
The applicants argued the provisions violated sections 7, 15, and 2(b) of the Canadian Charter of Rights and Freedoms.
The court dismissed the application, finding no violations of the Charter.
The court held that the ACMPR regime provided reasonable access to medical cannabis through multiple avenues and did not arbitrarily deprive applicants of liberty, discriminate against disabled persons or homeless individuals, or infringe freedom of expression.
