(Quebec) Quebec may add an arrow to its case law in the Canadian Confederation: The Supreme Court just recognized the right of provinces to ban citizens from growing cannabis plants at home, like the state of Quebec.
Quebecer Janick Murray-Hall had appealed to the country’s highest court. In his opinion, Quebec’s decision to ban the cultivation of some cannabis plants at home, as allowed by Ottawa and the vast majority of Canadian provinces, was unconstitutional.
“The so-called ‘more permissive’ federal approach and the so-called ‘more restrictive’ Quebec approach can legally coexist within the Canadian federation,” Chief Justice Richard Wagner ruled in a unanimous decision delivered Friday morning.
This ruling has deterred several activists in favor of a more permissive approach to cannabis in Quebec.
“I’m disappointed. This confirms that Quebec remains the most restrictive province when it comes to cannabis. I think we’re quite backward as a society. The rest of Canada seems to be more progressive,” said Bloc Pot founder Marc-Boris Saint -Maurice in an interview.
The Corporation of Quebec Real Estate Owners (CORPIQ) welcomed the ruling, which will have “major implications for the preservation of rental stock.” In particular, the company says it “fears the humidity potentially creating unsanitary conditions in the homes.”
Quebec is in its rights
Remember Ottawa adopted the 2018 cannabis lawwhich decriminalizes the recreational use of cannabis and allows the cultivation of up to four plants at home for recreational use.
The Quebec government, like that of Manitoba, has decided to completely ban the cultivation of plants at home. Quebecers therefore have no right to cultivation jug at their home.
Mr. Murray-Hall argued in court that Quebec encroaches on federal jurisdiction, namely criminal law. The Supreme Court initially agreed with him, then the Court of Appeals ruled in favor of Quebec.
The Supreme Court also agrees with Quebec. The ban on self-cultivation is not a criminal law. It helps to “ensure the effectiveness of the state monopoly and thus protect the health and safety of the population”.
But health is a shared responsibility, the Supreme Court finds, and Quebec has its rights.
The country’s highest court recalled that Ottawa’s 2018 law aimed primarily at combating organized crime. However, Quebec’s “restrictive” approach – with its state monopoly, the ban on buying cannabis before the age of 21 or even the ban on home cultivation – does not conflict with the federal goal of combating organized crime.
“The public health and safety objectives pursued by the state statute and its prohibitions are broadly consistent with the objectives pursued by the federal statute, and there is no reason to conclude that a ‘conflict’ exists,” the ruling said.
Janick Murray-Hall’s attorney said he was disappointed with the decision but said it was the end of a long court case.
“It’s a final decision by the highest court in the country,” notes Me Maxim Guerin. So of course we turn to the Supreme Court. Now those who want to change Quebec law must rely on political struggle, good old-fashioned activism. »
Award-winning entrepreneur. Baconaholic. Food advocate. Wannabe beer maven. Twitter ninja.
