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Appeal dismissed; applicant failed to establish s. 7 Charter violation regarding medicinal marihuana caregiver exemption and government supply.
The appellant, who suffers from AIDS, uses marihuana for medicinal purposes and obtained a personal exemption under s. 56 of the Controlled Drugs and Substances Act.
He applied for a declaration that his s. 7 Charter rights were infringed because the exemption did not protect his caregivers from criminal liability and the government failed to provide a safe supply of marihuana.
The Court of Appeal held that while the provincial superior court had jurisdiction to hear the constitutional challenge to the Act, the appellant failed to establish a s. 7 violation.
The Act itself did not preclude caregiver exemptions, and the appellant was not dependent on the government for his supply.
Pre-hearing application to exclude the Commission's decision from the Tribunal's record in a de novo hearing dismissed.
The Chicken Farmers of Ontario brought a pre-hearing application seeking an order to exclude the actual decision of the Farm Products Marketing Commission and any references to it from the materials placed before the Tribunal prior to the hearing.
The applicant argued that because the appeal was proceeding as a hearing de novo, the Commission's decision had no probative value and its inclusion might taint the Tribunal.
The Tribunal dismissed the application, finding that the inclusion of the decision and references to it in pre-hearing filings did not violate a previous procedural order and was consistent with the statutory requirement to provide all relevant materials to the Tribunal.
