The Supreme Court will hear, Thursday morning, a challenge to the Quebec ban on possessing a cannabis plant and cultivating it for personal use, in a hearing which is exceptionally being held in Quebec.
Janick Murray Hall, who rose to prominence for his parody website The Diary of Mourrealbelieves that the Quebec government does not have the power to impose this ban under two articles contained in its Cannabis Regulation Act.
In this case opposing him to the Attorney General of Quebec, he argued on his behalf and on behalf of any person who could be prosecuted for possession of a cannabis plant, that these articles infringe on the exclusive federal jurisdiction in criminal matters.
The federal law that legalized cannabis allows the possession of up to four plants at home, and Murray-Hall believes that this legislation should take precedence.
The Superior Court of Quebec had agreed, at first instance, with Mr. Murray-Hall by declaring the contested articles of the law constitutionally invalid.
However, the Quebec Court of Appeal then overturned this decision and Mr. Murray-Hall then turned to the Supreme Court of Canada.
As the Supreme Court announced it was agreeing to hear the case, the office of Quebec Justice Minister Simon Jolin-Barrette declined to comment “given the ongoing legal process.”
“That being said, Quebec will always defend its jurisdictions. The law in question aims to protect the health and safety of the population, in particular that of young people”, had nevertheless maintained the press attaché of the minister, Élisabeth Gosselin.
In addition to hearing lawyers for Mr. Murray-Hall and representatives of the Attorney General of Quebec, the nine judges of the Supreme Court will hear from many other stakeholders, such as the attorneys general of other provinces and the Canadian Cancer Society.
The Supreme Court of Canada is holding hearings outside of Ottawa for the second time in its history in an effort to be more open and accessible and help the public gain a better understanding of its role.
“After all, it’s hard to trust something you don’t understand,” Chief Justice Richard Wagner said Wednesday before a first hearing at the Quebec City courthouse.
During their week in the Quebec capital, the magistrates met with high school students as well as members of the general public. Their visit should end on Friday with a round table with law students from Laval University.