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Here is your defence against illegal Cannabis charges in Canada.
A) Cannabis prohibition laws in Canada (specifically about possession and by implication cultivation) were declared unconstitutional when Ontario’s Court of Appeal last adjudicated Terry Parker’s original case in July 2000 and Canada did not appeal that decision.
B) Only hours before the end of the ONE year suspension of that judgement (suspended to allow time for Government to craft and Parliament to enact a new law/amendment allowing the use and possession of Cannabis as medicine), Parliament still had not yet been offered a new Bill to consider, let alone passed a new law.
Instead, Canada’s Government (Paul Martin’s Liberals at the time) announced and put into force an Order In Council: some regulations (The Marihuana Medical Access Regulations) that modified the unconstitutional Cannabis prohibition law – but the MMAR were only a set of unlegislated regulations trying to fundamentally alter a dying law. Government did this with neither the consideration nor the assent of Parliament. No new law has been enacted yet to replace what has been struck down by the Parker decision.
C) No Crown Prosecutor is permitted under the Constitution Act to charge or prosecute (and no Judge in Canada has authority under the Interpretation Act to *try*) a case of “Cannabis possession”: there is no law under which they’re authorized to charge, prosecute or try (but the Criminal Code has not been reprinted, so there is also unfortunately no clear directive yet for police not to arrest) anyone for “Cannabis possession”… it is not a crime because there is no criminal law that concerns itself with it.
Excerpt Reprinted from Source: http://www.ccldr.net/
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