Canada Court Declares Laws Against Growing, Possession of Cannabis Unconstitutional

Just read this article about half an hour ago. I was going to send it to someone to post as news. Let us hope it works out in favor of civil freedom. If nothing else it is a step in the right direction.

 

Well, it won't be dealt with for the next two weeks at least. Election day is May the 2nd, I can't see this getting dealt with before then.

 

The ONTARIO supreme court did this. The same court that struck the old laws down which led to the MMAR that they just struck down.

It could lead to better laws in Ontario, which could spread to other provinces, but this is an Ontario thing...

 

it really seems silly to legalize a plant, but then it is even sillier to illegalize it in the first place!!

 

on so many differents issues it's really silly... legalizing it and taxing it sure would help out the economies...

 

They were federal laws though, weren't they? I don't know anything about Canada's constitution or system of judicial review.

 

i use weed everyday for medical reasons and look forward to being protected under this new ruling...i doubt it will last though...hopefully the minority government will never get around to changing the law for their benefit instead of mine

vote green party

 

Yes they were federal laws, but the Ontario Superior Court rulings only apply to Ontario.

The other provinces would likely follow suit quickly if needed if cases went to them over it now though as any challenge would call up this ruling.

And Rolling... there are no laws in this that will protect you... This doesn't change anything at all for 90 days... After the 90 days, if the government doesn't replace the laws, then the laws come off the books.

Also keep in mind that whatever the new laws that will come in are, they may not be any better, in fact, they could be a lot worse depending on the government we have at the time.

To give you an idea, the last time the courts did this, the government did nothing and let the laws expire while they played politics.

When they did bring in new laws, it took from then (2003) until now to rule on their constitionality.

So, as an example if harper were to win a majority, he could pass totally draconian laws regarding weed and they would be in effect until it went through the courts again... perhaps another 8 years??

 

I smell a conspiracy in the works...

Seriously

 

That crossed my mind... seemed a little too convenient... I think we are seriously fucked if harper gets a majority...

 

I dont, if it turns out to be worse, that is just how it is, but the reason the law is coming under review is because it is unconstitutional and does not provide the people that need it medically with enough rights. Even if nothing more comes out of this then the same laws for non-medical users but makes it easier for medical users to get it, then I would take it as a step forward.

 

Oh definitely. We'll be subjected to 4 of the worst years to happen to Canada in a long, long time. Harper has absolutely no regard for anyone else, not their opinions or their well-being.

I swear the guy is either a robot or a Manchurian Candidate sent here by the Bush administration. Boy, did Harper like Bush.

Has got to make you wonder, given the Canadian opinion of Bush jr. Yet people go out and vote for Harper, twice, knowing that he was really cozy with Bush.

 

Yea, but right now, two weeks before a Federal Election? Seems too convenient.

 

Well, as a person who went through the red tape and bullshit to get MMAR exemption, I can say I am not really pleased that they scrap it all the day I get my paperwork finished... especially seems I am one of the people who have been fighting to get it that the courts are referring to...

Now, after literally years of looking for a doctor that would actually consider health before politics, then going through the bullshit of waiting for appointments months in between AND sending ALL of my information into the government telling them how I plan to grow and where I live, to now, have it all mean nothing if harper gets back in and passes his omnibus crime bill package and turns around and hunts down all the mmar users... Yeah... I don't think it will be.. "that's just how it is"

 

Cozy??? He had his head so far up bush's ass they were talking with the same mouth...

 

Here;

Read more: http://www.vancouversun.com/news/On...nstitutional/4604951/story.html#ixzz1JVItxMtU
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Forgive me, I'm interested in foreign law especially conflict of laws. But let's say a medical weed user gets charged under these federal laws in another state. Isn't it likely that now this Ontario precedent has been set, the courts in other states will follow it? That's how it would work in my country, i'm not sure about Canada. Also, if you declare a law unconstitutional the article says the legislature has obligations to make changes. If it doesn't, couldn't there be legal action to correct that?

 

Here;

Read more: http://www.vancouversun.com/news/On...nstitutional/4604951/story.html#ixzz1JVItxMtU
​

 

good point

the election will have federal politicians busy
mla's as well i suspect

so as the 90 day deadline ticks
politicians in their greedy powerlust will be thinking on other things
i grew up in ottawa amongst the brass
and fought the fight from 71- 98

now that things are here
its time to look at the deeper-darker issues
control/taxation/corporate-control/gmo/more ...

norml

[repeal mari laws]

was the course we chose in my neighborhood
if all control wa removed an ounce of pot would cost the same as an ounce of parsely [about a dollar fifty cents]

that was what we wanted to see
i personally do not want to see government/military or corporate interests
make more money than theyve already made of prohibition

it is said there are two sides to everything
and in the infamous words of the who

.............................................................. dont get fooled again.


http://www.cannabisculture.com/v2/c...Rules-Canadas-Marijuana-Laws-Unconstitutional


in my case [which set a president in supreme court of bc]
my council showed that the whole federal law is ultra-vires
this scared the court into making concessions which restricted police powers
of search and siezure

this was their ''' out '''' to sidestep the ultra-vires issue.