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Ontario court strikes down pot laws

Ruling could lead the way to legalization in Ontario


 

The Ontario Superior court struck down two parts of the Controlled Drugs and Substances Act on Monday that deal with the production and possession of marijuana. The court ruled that sections 4 and 7 of the act were “constitutionally invalid and of no force and effect.” If the Ontario government does not respond within 90 days with a delay or re-regulation of marijuana, it will effectively be legalized in the province. Justice Donald Taliano’s ruling stemmed from the constitutional challenge of Matthew Mernagh, a marijuana advocate who suffers from fibromyalgia, scoliosis, seizures and depression, and had been unable to get a doctor to sign off on a medical marijuana license. Mernagh had been charged for possession and production of marijuana on several occasions, but Justice Taliano stayed the charges in his decision. If left unchallenged by the Ontario government, the ruling could affect drug laws in the rest of Canada.

National Post


 
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Ontario court strikes down pot laws

  1. The court ruled that sections 4 and 7 of the act were “constitutionally invalid and of no force and effect.” So it is Ok, I can smoke Pot and get high as its my constitutional rights, but the Gun Control laws that contravene the Constitution and charter over 20 times are Ok, the high court wont even listen to arguments. I so wish these laws where applied equally to all. But i suppose under a left dominated system, "All are equal but some are more equal than others".

  2. The court ruled that sections 4 and 7 of the act were “constitutionally invalid and of no force and effect.” So it is Ok, I can smoke Pot and get high as its my constitutional rights, but the Gun Control laws that contravene the Constitution and charter over 20 times are Ok, the high court wont even listen to arguments. I so wish these laws where applied equally to all. But i suppose under a left dominated system, "All are equal but some are more equal than others".

    • Get rid of your guns and light up – it'll do a lot for your anxiety problems.

    • be happy for the strides that we're taking, it may very well effect you in unforseen ways.

  3. About damned time. It's a shame that we need to courts to prod governments out of paralysis in acting on issues that need the attention.

  4. OH HELL YES. Great blow for freedom just hope governments stay out of the way. I don't want to get to optimistic like I did for California.

  5. OH HELL YES. Great blow for freedom just hope governments stay out of the way. I don't want to get to optimistic like I did for California.

  6. Thank You , Thank You, Thank You Justice Donald Taliano.
    Some one with some sense, Finally.

  7. Thank You , Thank You, Thank You Justice Donald Taliano.
    Some one with some sense, Finally.

  8. You do know this Judge is helping Harper Prove that the People chose Freedom or Crime right??__I got to tell you, when people hear he was the PM to Give it away to guys like me, and you, if you can jump threw the hoops the other Parties never… wanted fixed??__Man the MM gets a DIN# and Freedom is DEAD for good, and all the while the Prince says NOT to publicly be LOUD??__Ha! Ha! Ha!__So when they do get him home to Canada he will do twice as much time in Jail with a Harper Canada Majority cause no Voter will VOTE for COP KILLING DRUG DEALERS getting a Free Pass to the Millionaires Club with out going threw a BC Casino first as a Profit sharing to keep the Unions OUT of the Crime Solving and enforcement business, so they may Defend Government Buildings with more Troops and equipment should the Pot Heads need more that just Pot removed from the CDSA too, cause PET's Charter says if you give an inch it only the People who pay?__TTFN__Bruce

  9. Fine but let's strike down Road Racing laws too. Many speed demons never harm anyone but a few farts that don't appreciate their pastime. Sure a few bad apples have made mistakes but why ruin it for the rest right?

    All harmless? Maybe, maybe not but before kicking down the fence, maybe check what else the fence is holding in check.

    Everyone has rights but it's funny how their own wants are always paramount.

  10. harper majority May 2
    Medical pot office closed May 3
    Mass arrests and judges fired May 4 – 30
    done deal

  11. harper majority May 2
    Medical pot office closed May 3
    Mass arrests and judges fired May 4 – 30
    done deal

    • Toews and Nicholson are wetting themselves thinking about filling those new prisons.

    • Gulags and gas chambers by July, then?

      • Probably. Yesterday's edition of the Toronto Sun had a front page picture of Michael Ignatieff with the headline "Channeling Chairman Mao." Will they do the same with Steve?

  12. Get rid of your guns and light up – it'll do a lot for your anxiety problems.

  13. Toews and Nicholson are wetting themselves thinking about filling those new prisons.

  14. Gulags and gas chambers by July, then?

  15. What the he!! are you talking about?

  16. What the he!! are you talking about?

  17. Probably. Yesterday's edition of the Toronto Sun had a front page picture of Michael Ignatieff with the headline "Channeling Chairman Mao." Will they do the same with Steve?

  18. I heard a radio interview a few years ago with someone from the Fraser Institute, (a right-wing think tank), that advocated legalizing and taxing it. He said even if just for the reason that it would take $8 billion out of the hands of Organized Crime in B.C. alone.

    I would rather see that kind of money be put toward Healthcare and potholes.

  19. I heard a radio interview a few years ago with someone from the Fraser Institute, (a right-wing think tank), that advocated legalizing and taxing it. He said even if just for the reason that it would take $8 billion out of the hands of Organized Crime in B.C. alone.
    I would rather see that kind of money be put toward Healthcare and potholes.

  20. Perhaps we can sneak it by the U.S. as they are preoccupied with the prospect of going broke….thanks to Right-wing, trickle-down, Reagonomics.

  21. Perhaps we can sneak it by the U.S. as they are preoccupied with the prospect of going broke….thanks to Right-wing, trickle-down, Reagonomics.

    • You can't be serioius. I know the facts don't matter when you think with our emotions but have you seen how the deficit has swollen beyond belief under Obama. Frankly there is not a government in existence in North America that is concerned with the taxpayer. Far easier to buy your job utilizing other peoples money.

      • LOL!! YOU can’t be serious if you think Obama is to blame for the American Financial Crisis. He inherited the vast majority of it.

        If you don’t want to pay taxes, move to a jungle or Island somewhere and live like a castaway. Taxes are a necessary evil, like death, you’re stuck with it if you want to live in a civilized society.
        Eliminating Waste and Corruption would be nice, but I doubt there has EVER been a government to not have it in spades, it seems to be human nature to steal as much as they can for themselves.
        I use to vote for the (full of) C.R.A.P. Coalition* when they talked about accountability, but they soon proved to be no better, if not worse, then the rest of them.

        *Cons,Reform,Alliance Parties*

        • If an American doesn't like taxes, one can always become a bigwig in the Democratic Party. They don't like taxes until it keeps them from a big government job with the potential for a BoD seat on a Wall Street bank.

  22. Harper will fill up his superprisons with potheads. If he gets majority, expect eventual capital punishment for smoking up, from his regime. He'll have to do mass gassings to kill all pot heads quickly enough to be reasonable…. sound familiar, evil and totally unnecessary?

    Get rid of Harper the fascist hitler-in-training.

  23. Silly me, I thought democracies were run by elected politicians, not unelected social engineer judges. People today have no idea what a true democracy really is. Having said that, legalize drugs and hookers and tax them like we are taxed.

  24. Harper will fill up his superprisons with potheads. If he gets majority, expect eventual capital punishment for smoking up, from his regime. He'll have to do mass gassings to kill all pot heads quickly enough to be reasonable…. sound familiar, evil and totally unnecessary?

    Get rid of Harper the fascist hitler-in-training.

  25. Silly me, I thought democracies were run by elected politicians, not unelected social engineer judges. People today have no idea what a true democracy really is. Having said that, legalize drugs and hookers and tax them like we are taxed.

  26. You can't be serioius. I know the facts don't matter when you think with our emotions but have you seen how the deficit has swollen beyond belief under Obama. Frankly there is not a government in existence in North America that is concerned with the taxpayer. Far easier to buy your job utilizing other peoples money.

  27. be happy for the strides that we're taking, it may very well effect you in unforseen ways.

  28. Just like I posted on the "Teen Drug Use is on the Rise" article,

    "Our generation is educated and has come to the realization that the media and government officials have made many drugs out to be way more harmful and deadly than what they actually are. Any drug is deadly if too high of a dose is taken. #1 cause for overdoses is over-the-counter medication, legal, and supposedly helpful to our bodies. Meanwhile this drug Marijuana who has not in history been the cause of death for anyone, is made out to be a demon in today's society. World Class Drug Report 2010: Marijuana increases lung capacity, Marijuana has more medicinal benefits than most over the counter medications do, which is why they still prescribe it to terminally ill patients along with people in severe discomfort of with deadly conditions. Legalize it already none of us are stupid anymore, and the anti-drug revolt with america's "War On Drugs" was only being fought by politicians & people who couldn't afford the substance, It's a person's own personal choice anyway. Alcohol and Tobacco are much more harmful and you will even likely have more dependency because of the availability and the legality of people seeing it as "okay" or "normal" just like they did cannibis in the 60's :).
    Born in 90's & I know what's what. so should everyone else. "
    – SirSomeone

  29. Just like I posted on the "Teen Drug Use is on the Rise" article,

    "Our generation is educated and has come to the realization that the media and government officials have made many drugs out to be way more harmful and deadly than what they actually are. Any drug is deadly if too high of a dose is taken. #1 cause for overdoses is over-the-counter medication, legal, and supposedly helpful to our bodies. Meanwhile this drug Marijuana who has not in history been the cause of death for anyone, is made out to be a demon in today's society. World Class Drug Report 2010: Marijuana increases lung capacity, Marijuana has more medicinal benefits than most over the counter medications do, which is why they still prescribe it to terminally ill patients along with people in severe discomfort of with deadly conditions. Legalize it already none of us are stupid anymore, and the anti-drug revolt with america's "War On Drugs" was only being fought by politicians & people who couldn't afford the substance, It's a person's own personal choice anyway. Alcohol and Tobacco are much more harmful and you will even likely have more dependency because of the availability and the legality of people seeing it as "okay" or "normal" just like they did cannibis in the 60's :).
    Born in 90's & I know what's what. so should everyone else. "
    – SirSomeone

    • By your own rationale, marijuana should continue to be stigmatized if not criminalized to prevent its abuse.

  30. LOL!! YOU can’t be serious if you think Obama is to blame for the American Financial Crisis. He inherited the vast majority of it.

    If you don’t want to pay taxes, move to a jungle or Island somewhere and live like a castaway. Taxes are a necessary evil, like death, you’re stuck with it if you want to live in a civilized society.

    Eliminating Waste and Corruption would be nice, but I doubt there has EVER been a government to not have it in spades, it seems to be human nature to steal as much as they can for themselves.

    I use to vote for the (full of) C.R.A.P. Coalition* when they talked about accountability, but they soon proved to be no better, if not worse, then the rest of them.

    *Cons,Reform,Alliance Parties*

  31. i think its about time. its not like weed messes you up. how many robberies or murders have you heard of from someone smoking weed? i haven't heard of any. its doesn't mean you should be high at work and it should remain illegal for someone to drive under the influence but a lot less people will be going to jail and that will be a lot less tax money going into jails an a lot more going into our hospitals schools and our roads which all desperately need some reform.

  32. i think its about time. its not like weed messes you up. how many robberies or murders have you heard of from someone smoking weed? i haven't heard of any. its doesn't mean you should be high at work and it should remain illegal for someone to drive under the influence but a lot less people will be going to jail and that will be a lot less tax money going into jails an a lot more going into our hospitals schools and our roads which all desperately need some reform.

    • How many traffic accidents under the influence? Hours squandered unproductively? Mistakes that force others to cover for your sorry backside?

      • “Hours squandered unproductively”

        I guess we should make TV, the Internet and video games all illegal too then.

      • *sigh. so should we go back to prohibition then Darden?

  33. If an American doesn't like taxes, one can always become a bigwig in the Democratic Party. They don't like taxes until it keeps them from a big government job with the potential for a BoD seat on a Wall Street bank.

  34. How many traffic accidents under the influence? Hours squandered unproductively? Mistakes that force others to cover for your sorry backside?

  35. Drugs don't make people do anything they don't already want to do. drugs that effect our brains, only work on what is already in the head. I suggest everyone read a little more non-fiction and leave what they would like to call "common sense" at the door.

  36. Drugs don't make people do anything they don't already want to do. drugs that effect our brains, only work on what is already in the head. I suggest everyone read a little more non-fiction and leave what they would like to call "common sense" at the door.

  37. *sigh. so should we go back to prohibition then Darden?

  38. By your own rationale, marijuana should continue to be stigmatized if not criminalized to prevent its abuse.

  39. Marijuana being illegal gives it this "forbidden fruit" aspect, even though it's wrong, the strong curiosity takes place in most young people. but the main reason for drug abuse is the individual people themselves who choose to abuse them. Marijuana wouldn't be trafficked with such force and violence if it were readily available to everyday consumers just like tobacco products are. Cannabis would still be illegally distributed like some tobacco remains to be, sure, but not as heavily as in the past and compared to other hard illegal drugs.

  40. As chief spokesperson for the Ontario Police Officer’s Early Retirement Program [Sponsered by the generosity of drug lords from across the province.] I must raise objections to this judge’s decision to make marijuana legal. Indeed his actions strongly suggest that he is a pot head which obviously constitutes probable cause to obtain a warrant to kick his door in at 3 AM, shoot his dog, and pin him to the floor while my partner plants; uh … checks for plants, in and around his residence. Furthermore; this provision if upheld will seriously endanger the lives of police officers, in that instead of busting kids for smoking pot we will be forced to concentrate on rounding up real criminals; murderers, rapists, and robbers, who may be armed and dangerous. That situation is simply not acceptable in terms of risk posed to the police, and the economic hardship that will certainly ensue should the laws protecting us from marijuana, be struck down.

  41. As chief spokesperson for the Ontario Police Officer’s Early Retirement Program [Sponsered by the generosity of drug lords from across the province.] I must raise objections to this judge’s decision to make marijuana legal. Indeed his actions strongly suggest that he is a pot head which obviously constitutes probable cause to obtain a warrant to kick his door in at 3 AM, shoot his dog, and pin him to the floor while my partner plants; uh … checks for plants, in and around his residence. Furthermore; this provision if upheld will seriously endanger the lives of police officers, in that instead of busting kids for smoking pot we will be forced to concentrate on rounding up real criminals; murderers, rapists, and robbers, who may be armed and dangerous. That situation is simply not acceptable in terms of risk posed to the police, and the economic hardship that will certainly ensue should the laws protecting us from marijuana, be struck down.

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