March 21st, 2014
On Friday, March 21st, In the trial, the Coalition's legal team intends to demonstrate that cancelling these licenses would be unconstitutional. Justice Manson of the Federal court granted an interim injunction in the case of Allard et al. v. R. This injunction prevents Health Canada from cancelling licenses for personal and designated grower production of medical cannabis but the maximum possession will be 150g while the case proceeds through trial. This includes those who were renewed postSeptember 30th but there is no provision for new applicants. In the trial, the Coalition's legal team intends to demonstrate that cancelling these licenses would be unconstitutional.
We are pleased by this decision, of course. For the time being, it protects thousands of patients across Canada from severe financial and personal hardship. If Health Canada had been allowed to cancel these licenses on April 1, that action would have endangered their health and their freedom." says Jason Wilcox, "Today's decision, however, is only a temporary respite. The court has not yet looked at whether the cancellation of personal and designated producer licenses is constitutionally acceptable or not. The decision to grant the injunction does not in any way imply that we will be successful in the trial, and our work has only begun."
The case will now proceed to trial, where the court will decide whether the elimination of these non-commercial licenses constitutes a violation of patients' rights under section 7 of the Canadian Charter of Rights and Freedoms.
