Quebec Superior Court overturns province’s ban on homegrown cannabis

(THIS ARTICLE IS COURTESY OF THE MONTREAL GAZETTE)

 

Quebec Superior Court overturns province’s ban on homegrown cannabis

Ruling means that Quebecers are now free to cultivate up to four cannabis plants at home without facing legal repercussions.

“As a Quebec citizen, I subscribe to the idea that it’s better to control cannabis by allowing it to be grown at home,” said Julien Fortier, the lawyer who led the challenge. ALLEN MCINNIS / MONTREAL GAZETTE

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Quebec Superior Court Judge Manon Lavoie overturned the province’s ban on homegrown cannabis on Tuesday, meaning that Quebecers are now free to cultivate cannabis at home without facing legal repercussions.

In June 2018, the provincial government passed Quebec’s cannabis law, which included provisions banning the cultivation of cannabis at home.

However, Lavoie ruled that these provisions are unconstitutional as they infringe upon the jurisdiction of the federal government, which has sole responsibility for legislating on criminal matters.

As a result, homegrown cannabis in Quebec is now regulated by Canadian law, which allows citizens to grow up to four cannabis plants.

“As a Quebec citizen, I subscribe to the idea that it’s better to control cannabis by allowing it to be grown at home,” said Julien Fortier, the lawyer who led the challenge.

Fortier took on the case after being approached by Janick Murray Hall, who wanted to bring the action to court on behalf of all those in Quebec who have been prosecuted for being in possession of cannabis plants.

According to the lawyer, Lavoie’s ruling fits with why the government opted to legalize cannabis in the first place.

“The entire idea behind the legalization of cannabis was that the government wanted to remove the production of this plant from organized crime,” Fortier said. “If you allow people to cultivate this plant themselves, that purpose would be achieved.”

Still, Fortier is urging Quebec home growers to avoid celebrating prematurely, as the provincial government has 30 days to file a petition to the Court of Appeal. In fact, he warns there is a “very strong chance” the government will seek an appeal.

“I don’t think the Quebec government will do nothing and let it slide,” he said. “Regardless, we’re looking forward to the fight.”

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RELATED

Quebec legislature adopts sharia blasphemy motion condemning ‘Islamophobia’

(THIS ARTICLE IS COURTESY OF CREEPING SHARIA’S WEBSITE)

Quebec legislature adopts sharia blasphemy motion condemning ‘Islamophobia’

quebecistanSource: Quebec legislature adopts motion condemning ‘Islamophobia’ – The Globe and Mail

Quebec’s legislature unanimously adopted a motion Thursday condemning “Islamophobia” — particularly toward Syrian refugees — in response to what some politicians say is a growing anti-Muslim climate in the province.

About 100 members of the legislature voted in favour of the motion tabled by Francoise David, whose Quebec solidaire has three members in the 125-seat national assembly.

David said she was concerned by what she called the increasing number of attacks against Muslims in Quebec, notably online.

The motion condemned Islamophobia and incitement of hatred and violence toward Muslim Quebecers, in particular Syrian refugees.

The governing Liberals and the two other opposition parties in the legislature attempted to amend the motion in order for it to condemn racism more generally as well as other forms of intolerance.

But David told reporters she insisted the word “Islamophobia” be included in the text and that the motion focus on Muslims.

“The incidents that have been multiplying over the past few weeks particularly affect Quebec’s Muslims,” she said. “We need to call a spade a spade.”

Except when Muslims are attacking, killing or inciting violence against non-Muslims in Canada. Then the spade must be buried, hidden and hushed. Perhaps, now, even punished.

Quebec Immigration Minister Kathleen Weil told reporters the motion “is a gesture of responsibility and it’s a gesture to reassure people, reassure Quebecers and newcomers and people who perhaps came a few generations ago.”

Absent in the motion was any mention of the niqab, the face veil worn by some Muslim women that has become a major issue in the federal election campaign, particularly in Quebec.

Political parties are split over whether people should be allowed to wear the veil during citizenship ceremonies.

David pleaded with her federal counterparts to stop talking about it and to focus on other topics.

“We debate enough around that,” she said. “We have many other things to debate. We have two weeks more (in the campaign), please debate on the environment, on social justice, on refugees.”


In other words, they are busy debating distractions and nothing of importance to long-standing citizens of Quebec.

Can any Canadian reader let us know what legal standing a “motion” holds in Quebec?