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InvisibleveggieM

Registered: 07/25/04
Posts: 17,504
[CAN] Ontario judge declares criminalization of pot unconstitutional * 5
    #14280930 - 04/12/11 10:12 PM (12 years, 9 months ago)

Ontario judge declares criminalization of pot unconstitutional
April 12, 2011 - Montreal Gazette

TORONTO — Ontario is one step closer to the legalization of marijuana after the Ontario Superior Court struck down two key parts of the Controlled Drugs and Substances Act that prohibit the possession and production of pot.

The court declared the rules that govern medical marijuana access and the prohibitions laid out in Sections 4 and 7 of the act "constitutionally invalid and of no force and effect" on Monday, effectively paving the way for legalization.

If the government does not respond within 90 days with a successful delay or re-regulation of marijuana, the drug will be legal to possess and produce in Ontario, where the decision is binding.

The ruling stemmed from the constitutional challenge of Matthew Mernagh, a man who relies on medical marijuana to ease pain brought on by fibromyalgia, scoliosis, seizures and depression.

The Ontario Court of Appeal had previously recognized that to deprive someone with a serious illness of medical marijuana if it relieves their pain is a violation of the Canadian Charter of Rights and Freedoms. As a result of that, the federal government created the Marijuana Medical Access Regulations to let people legally get, possess and grow marijuana if they have a licence supported by a medical doctor.

Health Canada's medical marijuana program regulates and approves which growers patients can buy from and how much they're legally allowed to use for their treatment.

However, Justice Donald Taliano wrote in his decision on Monday that Mernagh — a well-known marijuana advocate who has been charged for possession and production of marijuana numerous times — has been unable to get a doctor to sign off on a medical marijuana licence.

"Doctors often have a great deal of difficulty with this and have in many cases blatantly outright refused to sign these forms," said Jacob Hunter, the policy director for the Vancouver-based Beyond Prohibition Foundation, which fights for the legalization of marijuana.

It has meant many Canadians waiting to be accepted into the medical marijuana program seek out medical marijuana without a licence, at times leading to possession and production-related arrests.

Mernagh's criminal charge is permanently stayed, Taliano wrote in his ruling, and he is granted a "personal exemption" to buy or produce marijuana during the 90 days given to the government in order to submit its challenge.

The decision is a huge win for legalization supporters and for medical marijuana patients.

"I think it represents a dramatic step forward for critically and chronically ill Canadians," B.C. lawyer and foundation executive director Kirk Tousaw said Tuesday night. "It is undoubtedly going to progress through the court system . . . but it's gratifying to see a court has accepted what so many thousand medical marijuana patients have been saying for years — that it's incredibly difficult if not impossible to access medical marijuana."

He compared the case to that of Henry Morgentaler, the abortion doctor and advocate whose constitutional win eventually led to the widespread legalization of abortion, one that "became legal without any real regulatory scheme surrounding it," Tousaw said.

Anti-drug action groups and others against the legalization of marijuana have said legalizing marijuana could lead to widespread use and increase crime rates.

Tousaw said that if unchallenged, the Ontario ruling could have a ripple effect across Canada. "I would argue that if marijuana is legal in Ontario, you can't realistically have it illegal in the rest of the country."


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Offlinedestructo_low
Oh yeah!
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Folding@home Statistics
Registered: 10/07/08
Posts: 4,328
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Re: [CAN] Ontario judge declares criminalization of pot unconstitutional [Re: veggie]
    #14280969 - 04/12/11 10:17 PM (12 years, 9 months ago)

:datass: Go Canada! :rockon:


--------------------
There is a molecule for every purpose. There are only actions and reactions. Cut out the middle men. Everything I say is a lie.


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OfflineAnarchyXx420xX
nomnomnom
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Registered: 12/01/08
Posts: 1,503
Last seen: 10 years, 30 days
Re: [CAN] Ontario judge declares criminalization of pot unconstitutional [Re: destructo_low]
    #14281166 - 04/12/11 10:44 PM (12 years, 9 months ago)

amazing news:yesnod:


--------------------
:apple: I love ratings :apple:


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Invisible5-HT2A
Registered: 01/30/10 Happy 14th Shroomiversary!
Posts: 1,794
Re: [CAN] Ontario judge declares criminalization of pot unconstitutional [Re: destructo_low]
    #14281178 - 04/12/11 10:47 PM (12 years, 9 months ago)

That's fucking cool. Hope it's not a joke.

Quote:


Anti-drug action groups and others against the legalization of marijuana have said legalizing marijuana could lead to widespread use and increase crime rates.





Blah blah blah blah blah blah blah!


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Offlinefbi365
Captain of the Sinking Ship
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Registered: 02/07/11
Posts: 2,857
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Re: [CAN] Ontario judge declares criminalization of pot unconstitutional [Re: 5-HT2A]
    #14281535 - 04/12/11 11:44 PM (12 years, 9 months ago)

Here comes the rain on your parade :frown:

The ruling only applies to Ontario, CA

The ruling is likely to be appealed

Appeals are often overturned

This is a shitty article and it is badly written, from what I can gather, it is somehow a violation of the Charter on Human Rights and Freedoms.  Not sure how...

The issue is that applications for medical marijuana are too onerous in turn forcing applicants to break the law to get treatment

The solution for the government is simple: simplify the application process and reduce rejections and undue waiting.  Therefore eliminating the other option; legalization...


--------------------




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Offlinerealfuzzhead
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Registered: 03/03/10
Posts: 10,783
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Re: [CAN] Ontario judge declares criminalization of pot unconstitutional [Re: fbi365]
    #14281721 - 04/13/11 12:45 AM (12 years, 9 months ago)

DUDE!!  :Awemazing:


YES!!!


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Offlineakira_akuma
Φύσις κρύπτεσθαι ὕψιστος φιλεῖ


Registered: 08/28/09
Posts: 82,455
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Re: [CAN] Ontario judge declares criminalization of pot unconstitutional [Re: realfuzzhead]
    #14281727 - 04/13/11 12:48 AM (12 years, 9 months ago)

lets just say that nothing much will change but at least a vew points of view, and that's a start at least.


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Invisiblebigmike7104
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Registered: 07/12/10
Posts: 1,395
Loc: USA Flag
Re: [CAN] Ontario judge declares criminalization of pot unconstitutional [Re: akira_akuma]
    #14281817 - 04/13/11 01:10 AM (12 years, 9 months ago)

Quote:

The solution for the government is simple: simplify the application process and reduce rejections and undue waiting.  Therefore eliminating the other option; legalization..




that's what i was thinking, they're probably just going to make it easier for patients to get access to it rather than let it become legalized.


--------------------
Over thinking, over analyzing separates the body from the mind
Withering my intuition, missing opportunities and I must
Feed my will to feel my moment drawing way outside the lines


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InvisibleCyclohexylamine
Turn on, Tune in, Drop out
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Registered: 09/08/10
Posts: 14,327
Re: [CAN] Ontario judge declares criminalization of pot unconstitutional [Re: bigmike7104]
    #14282373 - 04/13/11 06:13 AM (12 years, 9 months ago)

Hahaha
90 days from now if history repeats itself its gonna be legal :P
Happened back in 2003.

Gonna be blowing smoke at a cop :laugh:


--------------------
Yes this is tymo - I just changed my name

Have you ever had a dream that you were so sure was real? What if you were unable to awake from that dream? How would you know the difference between that dream world and the real world?


There is NOTHING better than feeling that warm dissociative fuzz creeping up your body from IM K
Something abut that anaesthetic rush... :inlove:

Qualitative Research Chemical Effects and Experiences
The Wonderful World of Methoxetamine
The 3-Meo-PCP Chapters, Part One


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InvisibleCyclohexylamine
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Registered: 09/08/10
Posts: 14,327
Re: [CAN] Ontario judge declares criminalization of pot unconstitutional [Re: fbi365]
    #14282460 - 04/13/11 06:52 AM (12 years, 9 months ago)

Quote:

fbi365 said:
Here comes the rain on your parade :frown:

The ruling only applies to Ontario, CA

The ruling is likely to be appealed

Appeals are often overturned

This is a shitty article and it is badly written, from what I can gather, it is somehow a violation of the Charter on Human Rights and Freedoms.  Not sure how...

The issue is that applications for medical marijuana are too onerous in turn forcing applicants to break the law to get treatment

The solution for the government is simple: simplify the application process and reduce rejections and undue waiting.  Therefore eliminating the other option; legalization...





If they do that then i will be able to get it medically.
Also its in all the other newspapers around the country as well.

http://www.thestar.com/news/article/973886--pot-laws-ruled-unconstitutional?bn=1


--------------------
Yes this is tymo - I just changed my name

Have you ever had a dream that you were so sure was real? What if you were unable to awake from that dream? How would you know the difference between that dream world and the real world?


There is NOTHING better than feeling that warm dissociative fuzz creeping up your body from IM K
Something abut that anaesthetic rush... :inlove:

Qualitative Research Chemical Effects and Experiences
The Wonderful World of Methoxetamine
The 3-Meo-PCP Chapters, Part One


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OfflineLuigisDeathRace
the dog ate my shrooms
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Registered: 04/07/11
Posts: 78
Loc: FLO-RIder
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Re: [CAN] Ontario judge declares criminalization of pot unconstitutional [Re: Cyclohexylamine]
    #14282788 - 04/13/11 09:00 AM (12 years, 9 months ago)

DDammmnn canadians..... you gotta love emm!!  :billymaythumbup:


:shemp:


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InvisibleSimplepowa
In Pursuit of Knowledge


Registered: 03/06/09
Posts: 4,310
Re: [CAN] Ontario judge declares criminalization of pot unconstitutional [Re: Cyclohexylamine]
    #14282801 - 04/13/11 09:05 AM (12 years, 9 months ago)

Nice, let see where it will be going!

:awesomenod:


--------------------
Carl Sagan - "Who are we? We find that we live on an insignificant planet of a humdrum star lost in a galaxy tucked away in some forgotten corner of a universe in which there are far more galaxies than people."

---

Robert Pirsig - "When one person suffers from a delusion it is called insanity. When many people suffer from a delusion it is called religion."

---

Brian Cox - "[One] problem with today’s world is that everyone believes they have the right to express their opinion AND have others listen to it. The correct statement of individual rights is that everyone has the right to an opinion, but crucially, that opinion can be roundly ignored and even made fun of, particularly if it is demonstrably nonsense."


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OfflineHeffy
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Registered: 08/30/04
Posts: 3,262
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Re: [CAN] Ontario judge declares criminalization of pot unconstitutional [Re: fbi365]
    #14282845 - 04/13/11 09:20 AM (12 years, 9 months ago)

Quote:

fbi365 said:
Here comes the rain on your parade :frown:

The ruling only applies to Ontario, CA

The ruling is likely to be appealed

Appeals are often overturned

This is a shitty article and it is badly written, from what I can gather, it is somehow a violation of the Charter on Human Rights and Freedoms.  Not sure how...

The issue is that applications for medical marijuana are too onerous in turn forcing applicants to break the law to get treatment

The solution for the government is simple: simplify the application process and reduce rejections and undue waiting.  Therefore eliminating the other option; legalization...




There will be no appeal as it was heard in the superior court of Ontario. Since (as you state) the ruling only applies in Ontario I do not believe they can take it to a higher court.

This has nothing to do with the charter of human rights and freedoms as far as I can tell. This already happened several years ago (as someone mentioned see Parker Vs Regina) the issue is that the CDSA is unconstitutional and contradicts the MMAR (the decision they put through after the brief temporary legalization).

No way is parliament getting new legislation through in 90 days in the middle of a federal election campaign. They had much longer last time and did not manage to pull it off. That is why they needed to illegally pass the MMAR through the courts and hope nobody would notice. I imagine this is coming back to bite them in the ass now as the MMAR should never have been legally binding, because courts are not allowed to create laws in Canada but only to Abrogate them.

Fellow Ontario citizens get ready to light up with me!


--------------------
I am the king of Rome, and above grammar! - Emperor Sigismund


Edited by Heffy (04/13/11 09:23 AM)


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Invisiblebigmike7104
Stranger
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Registered: 07/12/10
Posts: 1,395
Loc: USA Flag
Re: [CAN] Ontario judge declares criminalization of pot unconstitutional [Re: Heffy]
    #14282893 - 04/13/11 09:35 AM (12 years, 9 months ago)

^cool shit :cool:


--------------------
Over thinking, over analyzing separates the body from the mind
Withering my intuition, missing opportunities and I must
Feed my will to feel my moment drawing way outside the lines


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OfflineBom_Tombadil
ShRoOm GrOwEr & EaTeR

Registered: 05/12/09
Posts: 206
Last seen: 8 years, 6 months
Re: [CAN] Ontario judge declares criminalization of pot unconstitutional [Re: bigmike7104]
    #14283086 - 04/13/11 10:26 AM (12 years, 9 months ago)

O Canada!
Our home and native land!
True patriot love in all thy sons command.
With glowing hearts we see thee rise,
The True North strong and free!
From far and wide,
O Canada, we stand on guard for thee.
God keep our land glorious and free!
O Canada, we stand on guard for thee.
O Canada, we stand on guard for thee


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OfflineDiacetylmentlegen
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Registered: 06/13/10
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Loc: Ireland Flag
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Re: [CAN] Ontario judge declares criminalization of pot unconstitutional [Re: bigmike7104]
    #14283094 - 04/13/11 10:27 AM (12 years, 9 months ago)

Hopefully this sets somewhat of a precedent for the use of psychedelics to treat disorders such as OCD.


--------------------
"When I recall it and when I recall various other symptoms... I think the simplest explanation is... that I had these experiences, that they were real... and that they took place outside time." - Christopher Mayhew


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InvisibleCyclohexylamine
Turn on, Tune in, Drop out
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Registered: 09/08/10
Posts: 14,327
Re: [CAN] Ontario judge declares criminalization of pot unconstitutional [Re: Heffy]
    #14283308 - 04/13/11 11:14 AM (12 years, 9 months ago)

Quote:

Heffy said:
Quote:

fbi365 said:
Here comes the rain on your parade :frown:

The ruling only applies to Ontario, CA

The ruling is likely to be appealed

Appeals are often overturned

This is a shitty article and it is badly written, from what I can gather, it is somehow a violation of the Charter on Human Rights and Freedoms.  Not sure how...

The issue is that applications for medical marijuana are too onerous in turn forcing applicants to break the law to get treatment

The solution for the government is simple: simplify the application process and reduce rejections and undue waiting.  Therefore eliminating the other option; legalization...




There will be no appeal as it was heard in the superior court of Ontario. Since (as you state) the ruling only applies in Ontario I do not believe they can take it to a higher court.

This has nothing to do with the charter of human rights and freedoms as far as I can tell. This already happened several years ago (as someone mentioned see Parker Vs Regina) the issue is that the CDSA is unconstitutional and contradicts the MMAR (the decision they put through after the brief temporary legalization).

No way is parliament getting new legislation through in 90 days in the middle of a federal election campaign. They had much longer last time and did not manage to pull it off. That is why they needed to illegally pass the MMAR through the courts and hope nobody would notice. I imagine this is coming back to bite them in the ass now as the MMAR should never have been legally binding, because courts are not allowed to create laws in Canada but only to Abrogate them.

Fellow Ontario citizens get ready to light up with me!




What he said. There is no way they are going to be able to pass legislation, the election is May 2, a bill won't be able to be done before the middle of june.
And they had WAY longer last time and nothing happened.


--------------------
Yes this is tymo - I just changed my name

Have you ever had a dream that you were so sure was real? What if you were unable to awake from that dream? How would you know the difference between that dream world and the real world?


There is NOTHING better than feeling that warm dissociative fuzz creeping up your body from IM K
Something abut that anaesthetic rush... :inlove:

Qualitative Research Chemical Effects and Experiences
The Wonderful World of Methoxetamine
The 3-Meo-PCP Chapters, Part One


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InvisibleSynth Ethics
substitution


Registered: 05/18/09
Posts: 5,525
Re: [CAN] Ontario judge declares criminalization of pot unconstitutional [Re: Cyclohexylamine]
    #14283338 - 04/13/11 11:20 AM (12 years, 9 months ago)

Quote:

tymoteusz3 said:

Gonna be blowing smoke at a cop :laugh:




lol I woudn't do that, just because alcohol is legal doesn't mean you can spit vodka at cop, they'll most likely charge you with assault if you blow smoke at them


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OfflineCountry1
Ehhh
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Re: [CAN] Ontario judge declares criminalization of pot unconstitutional [Re: Synth Ethics]
    #14283441 - 04/13/11 11:41 AM (12 years, 9 months ago)

Also with our election coming up it could be good if one party decides to turn this into a major campaign issue.


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InvisibleCyclohexylamine
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Registered: 09/08/10
Posts: 14,327
Re: [CAN] Ontario judge declares criminalization of pot unconstitutional [Re: Country1] * 1
    #14283450 - 04/13/11 11:43 AM (12 years, 9 months ago)

Quote:

Country1 said:
Also with our election coming up it could be good if one party decides to turn this into a major campaign issue.




Yeah but it won't happen.
But vote liberal. I would always vote NDP or Green, but the last thing we need is a harper majority.


--------------------
Yes this is tymo - I just changed my name

Have you ever had a dream that you were so sure was real? What if you were unable to awake from that dream? How would you know the difference between that dream world and the real world?


There is NOTHING better than feeling that warm dissociative fuzz creeping up your body from IM K
Something abut that anaesthetic rush... :inlove:

Qualitative Research Chemical Effects and Experiences
The Wonderful World of Methoxetamine
The 3-Meo-PCP Chapters, Part One


Extras: Filter Print Post Top
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