He had a medical need but was unsuccessful in finding a doctor to write him a script for mmj.
injunction/court case updates
- Thread starter doingdishes
- Start date
VIANARCHRIS
Well-Known Member
I think it did set a precedence. While lower provincial court decisions do not carry the same impact as higher courts, any lawyer is going to use that case as an argument why charges against his/her client should be dropped. So much for Harpshit's 6 plants-6 months.
it can be used in the higher court...... has to go through lower court first and foremost. The lower court would have made the case obsolete as of today. It would never have made it to the next level
Thats why I say Phelans decision has been made void.
GroErr
Well-Known Member
Agreed, it's a little different than a higher court, it sets a precedent that can be used in other cases but the Phelan decision could be much bigger and cover many more patients immediately (depending on the ruling of course). Where the fuck is Phelan anyhow? It's ridiculous that he hasn't ruled or provided any sort of update after this long.
TheRealDman
Well-Known Member
I agree it's now a valid argument from a defence POV, but I doubt it will have any influence over Phalen's decision (if he ever fucking makes one). That was the point I was trying to make.
GroErr
Well-Known Member
The case Phelan is ruling on has nothing to do with that Quebec provincial court decision, great decision, great precedent but completely different case/argument and eventual ruling that Phelan has to provide. Higher courts can and may use some lower court decisions in their rulings but they're not bound or tied into lower court decisions.
TheRealDman
Well-Known Member
I think I read they were just 3" seedlings he was transporting home.
TheRealDman
Well-Known Member
Way better than I coulda explained...thanx!
dfoesnt matter where this was..
doesnt mater what Phelan has to say
A lower court would toss the growing out! simple shit, it wouldnt make it to the next court..
I say this is a HHUGE deal and will go forward!!!
Its like saying your innocent at a lower court
but //the higher court says you should die... hahahahaa yeaa!
R.Raider
Well-Known Member
Unfuckin believable!!... but see why the Judge was so upset now.
nobody important 666
Well-Known Member
Not sure why people are so happy about this. The dude was still found guilty and now has a criminal record. Yes small fine but still a fine. It really has done nothing to help the cause of legalization or getting us our gardens.
GroErr
Well-Known Member
I hear what you're saying, it makes perfect sense (common sense) and eventually, if this Quebec case is used to challenge/defend similar cases (whether in Quebec or elsewhere), it gives the defense some teeth. But Phelan is ruling on a constitutional challenge which has much wider and immediate implications either way. Of course Phelan could just dump the problem back to the feds/HC to sort out, which imo is the most likely ruling at this point considering there's a new MJ friendly Sheriff in town at the federal level.
c ray
Well-Known Member
hopefully he doesn't need to travel into the USA
VIANARCHRIS
Well-Known Member
The CR part sucks for sure. Hopefully he can get that nullified, but it won't be cheap. A blanket 'pardon' from the justice minister would do it. I think it does advance our cause. The judge said, basically, a patient's need takes precedence over antiquated laws and barriers deliberately put in our way. I think it's a positive.
Joint Monster
Well-Known Member
Does anyone have a timeframe of when a decision should be made regarding the medicinal/mmar aspect of things?
(side question)
Yes we are covered by the injunction, however we are not permitted to change our limit/plant count. Now with regular pills you go to a doctor monthly and you change your dosage. The same can not be done with cannabis. What does one do if they are injunction covered and need adjusting?!
(side question)
Yes we are covered by the injunction, however we are not permitted to change our limit/plant count. Now with regular pills you go to a doctor monthly and you change your dosage. The same can not be done with cannabis. What does one do if they are injunction covered and need adjusting?!
JungleStrikeGuy
Well-Known Member
Nope to most of this. When something is 'overturned on appeal' then exactly what you are stating happens, a higher court says you should get a punishment that the lower court didn't say you should. That's the purpose of having appeal divisions, when a lower court judge errs it's their job to fix it.
And keep in mind lower court decisions aren't federally binding, which is why in R v Smith edibles / extracts were allowed only in BC. So even if this decision did all the things that are being claimed, it would only be in Quebec. Every other province would have different rules.
I'd say at most this is an encouraging soundbite. Phelan's decision is most certainly not void.
VIANARCHRIS
Well-Known Member
It may not be void, but it's certainly absent! lol How long can it take to review shit you've already heard (and commented on) first hand? Those of us playing along at home have a pretty good understanding of what was said. He needs to either rule in our favour, or side with HC and move the fuck out of the way so we can apply for immediate relief at the SCoC.