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The Federal Court dismissed judicial review of a customs seizure, holding that viable cannabis seeds were reasonably treated as cannabis and could not be returned under the Customs Act.
The Court of Appeal dismissed a judicial review appeal over a denied cannabis store application, holding the local committee’s decision was reasonable and procedurally fair.
The court dismissed judicial review of cannabis enforcement decisions, upholding the seizure, return denial, and $105,873.86 administrative penalty.
The Crown proved beyond a reasonable doubt by admissible evidence that defendants exercised control over premises where unstamped cannabis products were displayed with pricing and POS, laboratory Certificates of Analysis confirmed the products were cannabis (not hemp), and inventory linking and exhibit numbering established sufficient continuity; therefore the only rational inference is the accuseds' constructive possession and offering for sale of illicit cannabis, warranting convictions on the charged counts subject to resolution of Kienapple issues at sentencing.
Source excerpt
Guilty plea to cannabis possession for the purpose of sale. The court accepted a joint submission and imposed a two-years-less-a-day conditional sentence with ancillary orders.
La Cour fédérale annule une décision de Santé Canada classant des pastilles de cannabis comme cannabis comestible, pour atteinte à l’équité procédurale.
The Federal Court correctly determined that a low degree of procedural fairness applied to the security clearance decision under the Cannabis Act and that the Acting Director General met that duty by providing notice of specific incidents, an explanation of relevant factors, an opportunity to respond and by considering the applicant's representations without fettering discretion; therefore the appeal is dismissed.
Source excerpt
Given the open medical dispensary context, police tacit condonation, Daniels' status as a first-time offender who pled guilty early, and evolving societal attitudes reflected in case law, a suspended sentence with two years' probation and strict conditions adequately satisfies proportionality, denunciation and deterrence; therefore incarceration was not required and ancillary orders (10-year firearms prohibition and forfeiture) were imposed.
Source excerpt
The court granted a writ of possession and refused relief against forfeiture where a cannabis storefront operated without required municipal and federal approvals.
The Federal Court dismissed a judicial review of a refused cannabis security clearance, struck affidavit evidence outside the record, and found the decision reasonable.
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