Dr. Kenneth Ferslew

The applicant, who holds an Authorization to Possess medical marijuana, filed a human rights application alleging discrimination on the basis of disability.

He challenged a regulation under the Liquor Licence Act that prohibited him from possessing or consuming marijuana on licensed premises, seeking to smoke on uncovered patios where tobacco is permitted.

The Tribunal found that the regulation was prima facie discriminatory as it created a substantive disadvantage for the applicant.

However, the Tribunal accepted expert evidence that second-hand marijuana smoke poses a serious risk to passive inhalers, establishing a bona fide health and safety justification for prohibiting smoking on the premises.

The Tribunal found no such justification for prohibiting the mere possession of medical marijuana, and declared that the regulation should not be enforced to prevent authorized persons from holding medical marijuana on licensed premises.