Feds appeal Ontario ruling over pot laws - Macleans.ca

Feds appeal Ontario ruling over pot laws

If uncontested, the decision would make it legal to possess and produce in Ontario


The federal government has appealed an Ontario Superior Court ruling that found marijuana cultivation and usage laws unconstitutional. The Public Prosecution Service of Canada filed an appeal stating that Justice Donald Taliano “erred in law” in concluding that access regulations for medical marijuana were not valid under the Constitution. Taliano’s decision last week gave the government 90 days to respond with a successful delay or re-regulation of marijuana. The ruling followed a constitutional challenge by Matthew Mernagh, who uses medicinal marijuana to cope with fibromyalgia, scoliosis, seizures and depression.

The Montreal Gazette

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Feds appeal Ontario ruling over pot laws

  1. Can't release the Afghan detainee report because we're too busy with an election.

    But we can appeal a decision that could result in increased personal freedom.

    This is why I will never vote for the cons.

    • Agreed! It just shows you where their priorities really are.

  2. Its official. I can’t feel my face.

  3. Similar Ruling in British Columbia

    In February 2009, an important BC legal decision came about as result of a nearly 5-year Charter challenge, which stemmed from a 2004 police raid.

    BC Justice Koenigsberg gave the federal government a year (from the decision date of February 2, 2009) to fix medical marijuana access regulations so compassion clubs or groups of users can get together and have a common grow operation. She found federal regulations limiting the number of people who could grow cannabis in one location, and the rules limiting the number of patients that a producer could grow for, were arbitrary, served no public interest, and were therefore found to be unconstitutional.

    Justice Koenigsberg stayed her decision for one year in order to allow the federal government to amend Canada's medical cannabis regulations to reflect her ruling. Over 2 years later, the federal government still has not yet amended medical cannabis regulations to reflect her ruling.

    Now, BC history repeats itself in Ontario. We need better federal laws….


    • Courts deciding our laws? i didnt vote for them…..

      • Heh.

  4. harper WILL get a majority.
    medical pot program at HC will be locked
    no more legal pot
    rulings will be ignored
    the cops will tear out gardens and compassion clubs and go on a bust-rampage.
    420 gatherings – the police will strike down upon them with great vengeance and furious anger.
    it is over for pot in Canada. my wife and I are seriously thinking of leaving canada entirely.

    • Bye, don't let the door hit you in the butt

    • there is more important things going on then whether or not you can smoke weed legally or not…. do it if you want to, just know the risks and benefits

    • Russell, where are you planning on moving to?

  5. Legalization is the only solution,allow it to become a small business enterprise.The taxes gained will certainly be
    better then the gross waste of money now being spent on police trying to control & prosecute the pot market.

  6. A lot of people get so worked up over non-issues. Canada is still one of relatively few countries where people can smoke pot, often openly, without fear of serious consequence. It would be nice if the grow laws were relaxed, sure, but the supply isn't likely to diminish any time soon. Those who contend a conservative majority would crush permissive marijuana laws are being paranoid. Most people in this great country smoke weed and/or have friends and family members who partake. To enforce the conservative's political stance with ferocity would make the issue deeply personal to many and seriously tarnish Harper's image.

    I very seriously doubt the conservatives would risk that considering all they would stand to gain is increased support from a meager few.

    • It is not a "non-issue"; you meant "single issue" voters…I think Harper is the best that is running, but I also think "power corrupts, and absolute power corrupts absolutely"; I hope we get another minority government…

  7. There are several reasons to legalize pot-smoking in Canada, including the following….. I forgot what I wanted to say!

    • Ha. Ha. Ha. Funny. Was that a joke or a serious comment.

  8. This saddens me. I really wanna be in L.A. where cannabis is abundant and much much cheaper (surprised?) California!

    • I think you would be on shakey ground going to calipornia…

    • No it isn't. It's way more expensive.

    • Well It may be cheeper but our weed isw alot better… I lived in Texas for awhile and I was paying 25 bucks for a quarter but it was nothing but shake and no buds at all. I’m sorry but we may pay more for our weed but it’s better. OH CANADA!

  9. The people that are against legalization are either misinformed due to the government propaganda fed to us since the 60’s or are growers themselves that don’t want to lose their cash crop. I suggest you watch the documentary called The Union you’ll learn something new.

    • Hemp cannabis was legal

      Early US settlers were required by a 1619 law to grow hemp cannabis. George Washington grew hemp cannabis for fiber production in 1797. Pioneer wagons were covered with hemp canvas. The word 'canvas' is derived from 'cannabis'.

      Then came along Harry J. Anslinger, who was appointed by a Secretary of State (and future father-in-law) head of the Federal Bureau of Narcotics in 1930.

      Anslinger confused the public by changing the familiar name of hemp cannabis to the unknown word marijuana and then used themes of racism and violence to draw national attention to a problem he wanted to create. Anslinger claimed marijuana caused people to commit violent crimes, act irrational, and act overly sexual. Anslinger's Federal Bureau of Narcotics produced propaganda films promoting his views and Anslinger often commented to Hearst press regarding his views on marijuana.

      President Franklin Roosevelt signed into law the end of prohibition in March of 1933. By the mid-1930s, marijuana was regulated in every state by laws instituted through the Uniform State Narcotic Drug Act.

      In 1944, the LaGuardia Commission study refuted Anslinger's testimony that marijuana caused addiction, madness, overt sexuality and violence, but the report was ignored. Harry J. Anslinger held office for 32 years, until 1962.

      Learn more:
      Wikipedia – Legal History of cannabis in the US
      Wikipedia – Harry J. Anslinger
      Wikipedia – William Randolph Hearst

      Funny and informative Harper Conservative humor:
      Which Canada will You Vote for? http://compellingcomics.justsomeguy.com/CanadaVot

  10. It's not the "permissive pot laws" I worry about the conservatives changing, as the laws themselves are not permissive. You can still go to jail for possessing a joint. It's the police forces (mostly local) who do not bother to enforce the laws that make them seem permissive. Of course, if you are not white and middle class, then tend to think harder about enforcing the laws against you. That is one of the most dangerous things about the quasi-legal status of marijuana in Canada. If the police like you, just don't do it in public (too much). If they don't, well that joint becomes the beggining of your criminal record. Meanwhile, we let all the profit & potential tax revenue go to the criminal underworld. I may not always trust and love businessmen in suits, but I prefer them to bikers and the like.

  11. As a person with chronic pain, cannabis helps. It is part of the treatment I receive. I have a universe giving right to happiness. This is part of life for me. I’m not making anybody smoke this. Don’t stop me from using a prescribed substance. The Government should help sick people, not cause stress to people who are sick. It is bad enough that sick people have to make their medicine. I need to go to a drug store and get good inexpensive medicine, like other people do. Why is the Government stopping me. Thank you.

  12. I believe the issue is people harming themselves: legal/regulated Or people harming others: current plan: the law creates an underground economy that accommodates drive by shootings (innocent victims) and gang wars/mayhem! This (and previous) government prefer drive by shootings and gangs (harm to innocent victims) over regulating and taxing people that at worst only harm themselves.

    And did you notice the void of government studies showing “dopers” have more wrecks? I f ”dopers” are 15% of the driving public then we expect “dopers” to have 15% of the wrecks; but what if dopers only have 11% of the wrecks: we conclude dopers are less likely to be in a wreck; and since the government will not release any studies it is safe to assume what those studies suggest…

    Just saying…

  13. Hey Potheads! Get out the vote on May 3rd! Stay stoned til then…..

    • uh May 2nd u retard

  14. In all reality we live in a liberal democratic society, not some backwards theocracy like Iran. This is the 21st Century, this isn't the 1950's "leave it too beaver" generation where pot was synonymous with LSD, or crack cocaine. The public's opinion towards the substance has drastically changed and matured, it's policy should reflect that. It's not the government's right to bother you over something like that. And although the two issues do not correlate, how is abortion legalized but not marijuana? This isn't an argument over whether or not abortion is a personal choice, what I am saying is, how is it that the government can take a stance on something so politically and personally sensitive of an issue like abortion, yet shrugs its shoulders in utter despair over something so trivial as pot? 100 years from now what will they think? "In Canada it was your personal choice over whether or not the woman wanted to terminate her pregnancy, but not your personal choice to smoke pot in your living room." Stupid world! Generation X, I cannot wait until you all are rotting on dialysis, along with your laws which contain no logic!
    Generation Z

  15. "The human consumption of psychoactive drugs, such as marijuana, cocaine, and heroin, is of even more recent historical origin than the human consumption of alcohol or tobacco, so the Hypothesis would predict that more intelligent people use more drugs more frequently than less intelligent individuals ………. As I point out in an earlier post, more intelligent people are often more likely to do stupid things.

    Consistent with the prediction of the Hypothesis, the analysis of the National Child Development Study shows that more intelligent children in the United Kingdom are more likely to grow up to consume psychoactive drugs than less intelligent children."
    Satoshi Kanazawa, Psychology Today, Oct 2010

  16. misery loves company

  17. Is it possible that depressed people are attracted to 'happy' places as a form of self treatment?

  18. Could it be the happiest face also hides the saddest heart?

    • No.

      • Glad to know!

  19. i’ve been trying to get more information on this, does anyone know what stage the appeal is in?

    • 4 weeks later and I’m trying to figure out the same thing…I know I don’t have some terminal illness…but I do suffer from chronic insomnia (I’ve already been up for 2 1/2 days, I usually collapse and pass out after 3 1/2 meaning I sleep 2 nights a week) and loss of appetite when I’m not high…and I’m not a heavy user, maybe a g a week at best, but of course if I was actually able to be prescribed and regulated I would do maybe .5-1g a day, it would severely help me, I’m clearly malnourished and sleep depraved but the way things are now I’m forced to sit here and literally rot while still alive, I have chronic stomach pain due to the fact that I cannot eat and I mean CANNOT eat, I will put food in my mouth and my gag reflex will take effect before I can even chew once…but then when I smoke one single lung full, hoot, whatever you want to call it, I’m fine and can eat and sleep as a normal person should, and I don’t get off the chain high and laugh my ass off for hours on end, no I simply enjoy being able to be a normal human again instead of an empty shell…honestly I would assassinate Steven Harper for the pain he’s causing for Canadians, if I could move without feeling extreme fatigue, and I know like I said there’s terminally ill people that need this, and yes they do need it more, but at the same time my life is “low-quality” without marijuana as I spend most of my time unable to commit myself to any sort of physical activity due to exhaustion and hunger…and also like I said I’m not an everyday user so this isn’t some sissy bullshit story, marijuana cures.  Even not used as medicine I have friends who smoke weed for recreation and they are all functional working citizens some are even college and university students, there is no reason marijuana should be illegal…but if anybody finds out what’s going on with this appeal please post it here.  

  20. i got my mmar and feel if the pot laws are legal whats the point of a mmar…..and what about a 12 year old getting high cause its now for everyone..if u ask me leave it at what it is…