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The court dismissed a Charter challenge to the medical cannabis mail-order regime, finding it provided reasonable access.
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.
Interlocutory injunction granted to shut down illegal medical cannabis dispensaries pending constitutional challenge.
The City of Toronto brought a motion for an interlocutory injunction to shut down several medical cannabis dispensaries operating in violation of its zoning by-laws.
The dispensary operators brought a cross-motion seeking an interlocutory exemption from the by-laws and the Controlled Drugs and Substances Act, arguing that the existing regulatory scheme failed to provide reasonable access to medical cannabis.
Applying the RJR-MacDonald test, the court found that the balance of convenience favoured the City, as there is a presumption that validly enacted laws serve the public interest.
The court granted the City's injunction but declined to issue an order directing police enforcement, noting the lack of statutory authority for such an order in a civil proceeding.
The operators' cross-motion was dismissed.
