Successful Cross-Appeal to Allow Medical Cannabis Patients Across Canada to Continue Their Home Gardens
Federal Court of Appeal dismisses government appeal in the national test case Allard et al v. Her Majesty the Queen. Medical cannabis patients across Canada are permitted to continue their home gardens. We were also successful in our cross-appeal and the Court has sent the case back down to the trial level for possible broadening...
Full Text of Kirk Tousaw’s Speech at City Hall’s Public Hearing on the Regulation of Medical Cannabis Dispensaries in Vancouver
Good evening. Thank you for the opportunity to speak. My name is Kirk Tousaw of the Tousaw Law Corporation and I practice law almost exclusively in the area of cannabis and medicinal cannabis access and the Charter of Rights and Freedoms. I represent several dispensaries in Vancouver and across Canada. My Vancouver clients have been...
BC Court of Appeal victory in Garber et al v AG Canada
Today (Sep 16), the BC Court of Appeal rejected the Crown application for a stay in this case. The Garber et al v AG Canada case seeks an injunction preventing removal of our clients’ rights to personal production of cannabis, possession of a full 30-day supply and the ability to move one client’s storage site....
Garber et al. v. Canada: Victory for BC Medical Cannabis Patient’s Rights
Today, October 2, 2015, the BC Supreme Court issued an injunction, covering 4 medical cannabis patients, that permits them to continue to produce under the terms of their MMAR licensing, and does not contain the 150g possession limit set out in the MMPR.
Allard decision: Victory for Medical Cannabis Patients as MMPR Declared Invalid
Today in an historic decision the Federal Court of Canada determined that section 7 of the Charter was violated by the government’s implementation of the MMPR. The MMPR were declared invalid and that declaration suspended for 6 months to allow the government to respond legislatively. More analysis will follow. Congratulations and appreciation to all involved...
Opinion on Health Canada’s ACMPR Announcement
Today Health Canada announced that the new ACMPR would replace the MMPR on August 24, 2016. This represents the government’s response to the decision of the Federal Court in Allard. The new regulations are, in essence, a blend of the MMAR and MMPR. The Licensed Producers remain the sole commercial option and have become the...
In Honour of Gayle Quin
Yesterday we lost Gayle Quin, a true heroine and peaceful warrior for cannabis freedom.
Initial Thoughts on the Final Report on Cannabis Legalization and Regulation
Kirk Tousaw reviews the final report for the legalization and regulation of cannabis in Canada
Dispensary Challenges Federal Medical Cannabis Rules
Download Statement of Claim (PDF) A Toronto-based not-for-profit medical cannabis dispensary has filed a lawsuit in Federal Court challenging Canada’s current medical cannabis access rules. The lawsuit alleges that the federal government is violating the Canadian Charter of Rights and Freedoms by unreasonably restricting patient access to medical cannabis (marijuana). The lawsuit argues that the...
Statement on Cannabis Culture raids
Late last night and this morning a variety of police departments executed warrants that appear to have been sought by the Toronto Police Services. Marc and Jodie Emery have been arrested, along with several other cannabis activists including Chris and Erin Goodwin, Britney Guerra and perhaps others.
This latest salvo in Canada's senseless war on cannabis...
Kirk Tousaw’s statement on Ontario’s cannabis monopoly scheme
The Ontario government recently released its plans for retail cannabis distribution in the province. In effect, that plan sets up a government monopoly on all retail sales. I believe that Ontario’s plan is misguided and doomed to fail for a variety of reasons. This memorandum attempts to illustrate some of the problems with a monopoly approach in...
