R. v. Enns

R. v. Enns

Although ACMPR can cause delays and practical obstacles to access, the regulatory scheme permits multiple lawful access routes (licensed producers, personal production, designated producers) and allows production of derivatives subject to safety limits; those features render the ACMPR restrictions rationally connected to health and safety and not arbitrary, overbroad or grossly disproportionate. Therefore no s.7 violation was established and the Charter challenge is dismissed.

Citation
2019 NSSC 323
Parties
Crown/respondent: Her Majesty the Queen; Accused/applicant: Christopher Enns
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
29 October 2019
Procedural Posture
Criminal With Charter S.7 Challenge (medical Cannabis) / Decision on S.7 Charter Motion (voir Dire)
Outcome
Applicant's s.7 Charter application dismissed; no breach of s.7 found
Legal Topics
Section 7 Charter, Controlled Drugs and Substances Act, Access to Cannabis for Medical Purposes Regulations (acmpr), Medical Cannabis Access, Principles of Fundamental Justice
Source Language
English
Constitutional Law Criminal Law Regulatory Law Health Law Section 7 Charter Controlled Drugs and Substances Act Access to Cannabis for Medical Purposes Regulations (acmpr) Medical Cannabis Access +1 more

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Parties

Her Majesty the Queen

Crown/respondent

Christopher Enns

Accused/applicant

Procedural Posture

Criminal With Charter S.7 Challenge (medical Cannabis) / Decision on S.7 Charter Motion (voir Dire)

Legal Issues

  1. 1 Whether s.5(2) CDSA and ACMPR infringe s.7 Charter rights of medically authorized patients
  2. 2 Whether ACMPR’s access regime (no storefronts, LP mail-order, personal grow, designated producers) is arbitrary, overbroad or grossly disproportionate
  3. 3 Whether limitation on availability of certain cannabis derivatives and potency infringes security or liberty

Ratio Decidendi

Although ACMPR can cause delays and practical obstacles to access, the regulatory scheme permits multiple lawful access routes (licensed producers, personal production, designated producers) and allows production of derivatives subject to safety limits; those features render the ACMPR restrictions rationally connected to health and safety and not arbitrary, overbroad or grossly disproportionate. Therefore no s.7 violation was established and the Charter challenge is dismissed.

Court Disposition

Applicant's s.7 Charter application dismissed; no breach of s.7 found

Orders

  • Mr. Enns’ s.7 Charter application is dismissed.