RSS FeedCase Comment – Gomboc Decision, 2010 SCC 55
Here is a link to my website for a case comment on the Gomboc that will be published in an upcoming issue of RegQuest.
Enjoy the reading.
More on the BC polygamy case
Polygamy prosecutor points to marijuana ruling
(post sponsored by advicescene.com)
Everybody May Get Stoned
A marijuana decriminalization law goes into effect today in the state of Massachusetts. The law, approved by voters in a November referendum, makes possession of one ounce or less of marijuana legal, though subject to a $100 fine.
Minors caught with one ounce or less of marijuana must pay the fine and attend a drug abuse counseling course, or have the fine increased to $1,000.
In Canada, marijuana is classified as a “controlled substance” under the federal Controlled Drugs and Substances Act. The Act makes possession of marijuana a criminal law offence. However, since 2000, a series of court decisions in Ontario have invalidated (and then validated) the prohbition of marijuana based on the insufficiency of the exemptions provided for legitimate medical users of the drug. Despite these rulings, prosecutors can still pursue charges against marijuana users. Furthermore, the Act will likely continue to be modified in an effort to conform to constitutional requirements found by the courts. As the Act changes, it’s uncertain if the courts will continue the trend towards decriminalization.
Lastly, while the majority of Canadians support the legalization of marijuana, the newly elected minority government of Canada campaigned on a “National Anti-Drug Strategy,” which considers marijuana possession illegal and includes a much more restrictive law with higher minimum penalties.
