The Supreme Court of Canada will look into Quebec’s decision to ban the cultivation of cannabis plants at home and will decide whether or not this prohibition is valid.
The highest court in the country announced Thursday that it will hear the case of Janick Murray-Hall, who had challenged the ban of the Quebec government, included in 2018 in its “Cannabis Law”.
Mr. Murray-Hall — who became known for his satirical news site called thee Diary of Mourreal — brought this action on behalf of all persons in Quebec who can be prosecuted for being in possession of cannabis plants in their living room.
He also denounced the confusion surrounding the situation: federal law allows Canadian citizens to grow a maximum of four plants at home, and this, since the legalization of the substance for recreational purposes on October 17, 2018. Most Canadian provinces also allow culture at home — but not Quebec.
The man had won his case in Superior Court: Judge Manon Lavoie had ruled that the Quebec law encroached on the legislative powers of the federal government, which alone can legislate in criminal matters.
Articles 5 and 10 of the “Cannabis Law” were therefore deemed unconstitutional by the magistrate – but the rest of the Quebec law remained valid.
Quebec appealed this decision to the Court of Appeal, and emerged victorious.
Dissatisfied, Mr. Murray-Hall therefore requested the intervention of the Supreme Court, which has just granted his request. The date for the hearing of this case has not yet been determined.
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