The appellant challenged marijuana possession and trafficking convictions by arguing that the former statutory prohibition violated s. 7 of the Charter, exceeded federal jurisdiction, and was not proven on the evidence.
The court held that recreational marijuana use, even in the privacy of the home, did not engage protected liberty or security interests as a matter of fundamental personal importance.
Assuming a harm principle formed part of fundamental justice, the court found a reasoned apprehension of non-trivial harm associated with marijuana use and upheld the prohibition except insofar as it failed to include a medical-use exemption.
Because the appellant was not within the class requiring that exemption and the repealed statute could still support prosecution, no stay of proceedings was warranted.
The appeal was dismissed.
