Canada: Superior Court Overturns Quebec’s Ban On Dwelling Develop Ops

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On September three, 2019 Quebec’s Superior Court ruled in Murray Hall v. Procureure générale du Québec that Quebec’s prohibition on house cultivation of cannabis is unconstitutional.

The Federal Cannabis Act, which entered into force on October 17, 2018 ended the criminal prohibition of cannabis possession and, as nicely as generating a regime to regulate the industrial production and sale of cannabis, authorizes Canadians to develop up to 4 cannabis plants in their residences. Quebec nevertheless banned all possession of cannabis plants for the purposes of individual cultivation (unless particularly authorized for healthcare purposes by Well being Canada) in its Cannabis Regulation Act, which came into force at the identical time as the federal Cannabis Act.

Eight days right after the coming into force of the respective federal and provincial acts, Janick Murray Hall, filed a motion to have the provincial ban on house cultivation declared unconstitutional.

In her choice, Justice Manon Lavoie of Quebec’s Superior Court ruled that the provincial prohibition on possession of cannabis plants for individual cultivation was in pith and substance made solely to restrict access to cannabis, an objective inside the federal government’s exclusive jurisdiction more than criminal law matters and hence ultra vires of Quebec’s legislative authority more than home and civil rights or matters of a neighborhood or private nature inside the province. It remains to be noticed no matter if the choice will be appealed by the province or no matter if comparable challenges will be profitable in Manitoba which has also banned house cultivation of cannabis.

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