Wednesday, 13 April 2011

Marijuana poised to become legal in Canada July 11, 2011

Pot laws ruled unconstitutional - thestar.com
Excerpt:

An Ontario Superior Court judge has ruled that the federal medical
marijuana program is unconstitutional, giving the government three
months to fix the problem before pot is effectively legalized.



In an April 11 ruling, Justice Donald
Taliano found that doctors across the country have “massively
boycotted” the medical marijuana program and largely refuse to sign off
on forms giving sick people access to necessary medication.



As a result, legitimately sick people
cannot access medical marijuana through appropriate means and must
resort to illegal actions.



Doctors’ “overwhelming refusal to
participate in the medicinal marijuana program completely undermines the
effectiveness of the program,” the judge wrote in his ruling.



“The effect of this blind delegation
is that seriously ill people who need marijuana to treat their symptoms
are branded criminals simply because they are unable to overcome the
barriers to legal access put in place by the legislative scheme.”



Taliano declared the program to be
invalid, as well as the criminal laws prohibiting possession and
production of cannabis. He suspended his ruling for three months, giving
Ottawa until mid-July to fix the program or face the prospect of
effectively legalizing possession and production of cannabis.



27 comments:

Anonymous said...

Is this only Ontario, or all of Canada?

Thor said...

It affects all of Canada.

Anonymous said...

sadly thor it only effects ontario as it was a superior court decision not a supreme court ruling it will after the 90 day period most likely be appealed to the ontario court of appeal and from there go to the supreme court so on july 11 as long as parliment passes no new legilation cannabis will no long be a controlled substance IN ONTARIO

Anonymous said...

is this actually gonna happen, are they actually going to legalize weed in canada?

Thor said...

Hey Anon.
Hmmm. This is not what all the news items have said on this. They say it WILL affect all of Canada.

Thor said...

Obviously, whoever forms the next government of Canada will be wanting to deal with this issue. If it is the Conservatives, you can be sure they will put a stop to it asap.

This is a criminal code issue, which is federal, so it does affect all of Canada (even though it is being dealt with in an Ontario Supreme court).

Dylan said...

This ruling will only affect Ontario. But it will be a domino affect. After one province goes one most follow

Anonymous said...

Actually Anonymous is correct. This will only legalize marijuana use and possession in Ontario but if it stays legal then it will be fairly easy for someone to fight a marijuana related conviction in another province as this will set a precidence that they can call upon. So although it does not formally legalize it across Canada it will effectively legalize it.

Anonymous said...

that's it i'm moving to canada

Anonymous said...

Any updates on changes being made or will the gov not be touchin it cuz of the recent election

Thor said...

I'm sure, once parliament resumes later in May, that the government will deal with this somehow. Stay tuned to your national news for updates.

Anonymous said...

Look, I live in Canada, this is in the supreme court, this will effect all of Canada because Ontario decides that it will go through the rest will all follow, it is pretty much constitutional for them to follow suit, respectfully

Anonymous said...

PROHIBITION IS OVER AT MY HOUSE. TIME FOR CANADIANS EVERYWHERE TO STAND UP FOR WHATS RIGHT AND FOR WHAT WE WANT. LEGALIZATION. THE PEOPLE RUN THE COUNTRY!!!! NOT THE GOVERNMENT. SPEAK UP... THE SQUEAKY WHEEL GETS THE OIL!!!

colinmcneill123 said...

No this will only be valid in ontario but the rest of Canada will not be able to contain the amounts leaving Ontario because of this so it will probably spread across Canada pretty fast

Anonymous said...

any appeal is likely to be thrown out as pointed out in cannabis culture because an appeal applies to a misapplication of laws, since there hasn't been any misapplication of justice the appeal will be thrown out.

http://www.cannabisculture.com/v2/content/2011/04/13/Ontario-Judge-Rules-Canadas-Marijuana-Laws-Unconstitutional

Trevor said...

This affects ALL of Canada. Not just Ontario.

It does not matter that it was an Ontario judge. These are FEDERAL laws being affected, which means the entire country.

The laws needs to be abolished and this has been a long time coming. There are more reasons than I can count. Legal marijuana will save billions wasted on law enforcement that should be focused on the surging crack-cocaine and prescribed-painkillers problems in Canada. Criminal organizations (local and foreign) will lose enormous amounts of bottom-line drug profits. Patients who use it for therapeutic and (potentially) other uses will be able to access it hassle-free.

Not to mention tremendous gains from producing and selling more hemp products (paper, clothing, etc). Hemp farmers are constantly pestered by authorities and attacked by confused theives who think they can use the plants to get high. Farmers could soon grow grade-A marijuana, sell the bud product, and still sell the stalk for hemp fibers.

Marijuana critics would quickly realize the benefits and understand that it should have been legalized long ago.

Anonymous said...

Hopefully this will pass and become law for all Canadians and Rick Simpson can come home.

Rob said...

thank you trevor

RPayne said...

thank you trevor

Anonymous said...

It is now July 1st, 10 days away. Is this still in effect or has the court ruled something else?

Thor said...

The court ruled recently to freeze things for another period of time. I forget for how long, but I think it was for a few more months.

Anonymous said...

can the conservatives stop this and is there anyway around them stoping it?

Thor said...

Of course the Conservatives can "stop this". They have a majority in parliament.

How to stop the Conservatives? Next election, don't vote Conservative - vote for a party that best represents you. If making marijuana legal or more legal that it is now, I would recommend the NDP as that has always been one of their aims and now they are poised to be able to become the government next election.

B.W (MB) said...

so whats the latest news on this? will it be legal for minors as well? I'm 17 and have been trying to find a doctor to prescribe cannabis for my ADHD for 5 years. really hope this happens. thanks for the info.

Thor said...

THIS IS AN OLD STORY. COMMENTS ARE NOW CLOSED.

Anonymous said...

Actually you guys saying that it's only Ontario are wrong because we are provinces and unlike the states which are states, we are unable to legalize something like this in only one province, it has to be federal.

Laird Shepherd said...

im doing the same as B.W because i have ADHD as well and im 15 and i find that marijuana helps with ADHD, ADD, and ODD