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Canadian Supreme Court agrees to review constitutionality of Quebec cannabis law

Published

5 years ago

11 March 2022

The Supreme Court of Canada will review the constitutionality of the Quebec law that prohibits the cultivation of cannabis for personal use, even though cannabis is legal at the federal level and in every province.

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Four years ago, the government of the Canada has legalized cannabis, allowing any adult to grow up to four cannabis plants per residence for personal use.

However, the Cannabis Regulation Act of Quebec Bans the Possession of Cannabis Plants and personal-use cultivation in the province.

Janick Murray-Hall, a Quebec resident, successfully challenged the province's law, which was declared unconstitutional in 2019 by the province’s Superior Court on the grounds that it encroached on federal jurisdiction.

However, the decision was overturned last year by the Quebec Court of Appeal, which prompted Murray-Hall to head to the Supreme Court.

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The High Court did not provide any reasons for agreeing to hear the appeal, and no hearing date has yet been set.

The office of Quebec Justice Minister Simon Jolin-Barrette stated that it would not issue any comments «given the ongoing legal proceedings.».

«That said, Quebec will always defend its jurisdiction. The law in question aims to protect the health and safety of the public, particularly that of young people,» said the minister’s press secretary, Élisabeth Gosselin, in an email sent to The Canadian Press.

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Related Topics:Cannabis in Quebec Justice

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Aurélien BERNARD

Aurélien founded Newsweed in 2015. Particularly interested in international regulations and the various cannabis markets, he also has an extensive knowledge of the plant and its uses.