The case of Janick Murray Hall v. Quebec Attorney General will be heard on Thursday, September 15th.
The growing ban on cannabis in Quebec
How did Quebec end up going solo duck with the ban on growing cannabis at home?
In 2018, the federal government legislated entertainment cannabis; in the federation cannabis lawThe government has stipulated that people can grow up to four plants per household.
And then the provinces and territories have their sphere of influence, such as the regulation of the cannabis retail sector.
However, in Quebec, the provincial government passed a law prohibiting people from owning and growing cannabis plants for personal use.
Violators may face fines of up to $750.
Janick Murray Hall, he didn’t own it. He called the Quebec law unconstitutional and sued the government.
Lower courts ruling on the ban on cannabis in Quebec
So how did the lower courts in Quebec ruled?
Murray Hall argues that the cultivation of cannabis plants is under the jurisdiction of the federal government. For example, you are charged under federal criminal law if you are caught growing more than four plants.
Ergo, Quebec does not have the authority to ban home farming. Pursuant to Section 91 (27) of the Canadian Constitution, these matters belong to Ottawa.
Still, Murray Hall says, the Quebec ban should have no force or effect because federal law invalidates provincial law. Banning cannabis in Quebec is against federal authority cannabis law.
A Quebec Supreme Court judge agreed and declared Quebec’s ban unconstitutional. But then, the Quebec public prosecutor appealed the decision.
The Quebec Court of Appeals opposed, ruling that the ban is constitutional because it is a matter of territorial jurisdiction.
This time, the judge referred to sections of the Canadian constitution. Section 92 (13) states that provinces can enact property and civil rights laws. Section 92 (16) permits the provincial government to make laws of a local character.
Therefore, the Court of Appeal interpreted the constitution to mean that Quebec can ban the cultivation of the cannabis plant for personal use.
The Supreme Court of Canada to rule
The Supreme Court of Canada will decide whether Quebec’s ban on the cultivation of the cannabis plant for personal use is constitutional.
The case deserves attention for any precedents the case may set. If the Supreme Court rules with Quebec, you may be inspired British ColumbiaDriving to become more daring against the encroachment of Ottawa on the lands of BC Bud.
In general, the question of whether federal cannabis laws can override incompatible provincial laws will be resolved.