Showing posts with label food. Show all posts
Showing posts with label food. Show all posts

Friday, October 29, 2021

In the room where it happens: a conversation with Mark Rutte and Justin ...




Have you ever wanted to share your thoughts with a world leader? This is your chance! On their way to the UN Climate Change Conference (COP26)t in Glasgow, Prime Minister Mark Rutte and Prime Minister Justin Trudeau will stop in The Hague to have a conversation with students and young professionals about their priorities. What are your concerns on global peace and justice issues? Do you have questions about how the Dutch and Canadians are tackling climate change? Lingering questions on how we’re continuing the fight against COVID-19 around the world? Or how to create a more inclusive society? This is your chance to ask them! Join us here for an up close and personal conversation with these two world leaders on Friday, October 29th. The leaders will answer questions in person and online, so don’t miss it! Event moderator is former UN Youth Representative Hajar Yakoubi. Her personal goal is to get more young people included in places of decision making in politics. Event is co-organised by Dutch Ministry of Foreign Affairs, Municipality of the Hague and Leiden University. Join us. LIVE STREAM Join this dialogue on HagueTalks YouTube channel: https://bit.ly/HTyou 17:0018:30 UTC+1/GMT+1 (Amsterdam) HAGUE TALKS is a meeting place for creative minds, peace inventors and game changers in the field of peace and justice. For more info visit www.haguetalks.com Twitter - https://twitter.com/HagueTalks YouTube - https://www.youtube.com/haguetalks Facebook - https://www.facebook.com/HagueTalks/ Instagram - https://www.instagram.com/haguetalks/ Periscope - https://www.pscp.tv/HagueTalks




Wednesday, June 17, 2015

SUPREME COURT OF CANADA Citation: R. v. Smith, 2015 SCC 34 Date: 20150611 Docket: 36059 copy

SUPREME COURT OF CANADA




Citation: R. v. Smith, 2015 SCC 34
Date: 20150611
Docket: 36059

Between:
Her Majesty The Queen
Appellant
and
Owen Edward Smith
Respondent
- and -
Santé Cannabis, Criminal Lawyers’ Association (Ontario), Canadian Civil Liberties Association, British Columbia Civil Liberties Association, Canadian AIDS Society, Canadian HIV/AIDS Legal Network and HIV & AIDS Legal Clinic Ontario
Interveners


Coram: McLachlin C.J. and Abella, Cromwell, Karakatsanis, Wagner, Gascon and Côté JJ.

Reasons for Judgment:
(paras. 1 to 34)
The Court

Note: This document is subject to editorial revision before its reproduction in final form in the Canada Supreme Court Reports.





r. v. smith

Her Majesty The Queen                                                                                 Appellant

v.

Owen Edward Smith                                                                                   Respondent

and

Santé Cannabis,
Criminal Lawyers’ Association (Ontario),
Canadian Civil Liberties Association,
British Columbia Civil Liberties Association,
Canadian AIDS Society, Canadian HIV/AIDS Legal Network and
HIV & AIDS Legal Clinic Ontario                                                             Interveners

Indexed as: R. v. Smith

2015 SCC 34

File No.: 36059.

2015: March 20; 2015: June 11.

Present: McLachlin C.J. and Abella, Cromwell, Karakatsanis, Wagner, Gascon and Côté JJ.

on appeal from the court of appeal for british columbia
                    Constitutional law — Charter of Rights  — Standing — Accused charged with possession and possession for purpose of trafficking of cannabis — Regulations limiting lawful possession of medical marihuana to dried forms — Accused not using marihuana for medical purposes but producing derivatives for sale outside regulatory scheme — Whether accused has standing to challenge constitutional validity of scheme — Controlled Drugs and Substances Act, S.C. 1996, c. 19 , ss. 4(1) , 5(2)  — Marihuana Medical Access Regulations, SOR/2001‑227.

                    Constitutional law — Charter of Rights  — Right to life, liberty and security of person — Fundamental justice — Accused charged with possession and possession for purpose of trafficking of cannabis — Regulations limiting lawful possession of medical marihuana to dried forms — Whether limitation infringes s. 7 of Canadian Charter of Rights and Freedoms — If so, whether infringement justifiable under s. 1 of Charter — Appropriate remedy — Controlled Drugs and Substances Act, S.C. 1996, c. 19 , ss. 4(1) , 5(2)  — Marihuana Medical Access Regulations, SOR/2001‑227.

                    S produced edible and topical marihuana derivatives for sale by extracting the active compounds from the cannabis plant. He operated outside the Marihuana Medical Access Regulations (“MMARs”), which limit lawful possession of medical marihuana to dried marihuana. S does not himself use marihuana for medical purposes. The police charged him with possession and possession for purpose of trafficking of cannabis contrary to ss. 4(1)  and 5(2) , respectively, of the Controlled Drugs and Substances Act  (“CDSA ”). The trial judge held that the prohibition on non‑dried forms of medical marihuana unjustifiably infringes s. 7  of the Charter  and a majority of the Court of Appeal dismissed the appeal.

                    Held: The appeal should be dismissed, the Court of Appeal’s suspension of the declaration of invalidity deleted and S’s acquittal affirmed.

                    S has standing to challenge the constitutionality of the MMARs. Accused persons have standing to challenge the constitutionality of the law under which they are charged, even if the alleged unconstitutional effects are not directed at them, or even if not all possible remedies for the constitutional deficiency will end the charges against them.

                    The prohibition on possession of non‑dried forms of medical marihuana limits the s. 7  Charter  right to liberty of the person in two ways. First, the prohibition deprives S as well as medical marihuana users of their liberty by imposing a threat of imprisonment on conviction under s. 4(1)  or 5(2)  of the CDSA . Second, it limits the liberty of medical users by foreclosing reasonable medical choices through the threat of criminal prosecution. Similarly, by forcing a person to choose between a legal but inadequate treatment and an illegal but more effective one, the law also infringes security of the person.

                    These limits are contrary to the principles of fundamental justice because they are arbitrary; the effects of the prohibition contradict the objective of protecting health and safety. The evidence amply supports the trial judge’s conclusions that inhaling marihuana can present health risks and that it is less effective for some conditions than administration of cannabis derivatives. In other words, there is no connection between the prohibition on non‑dried forms of medical marihuana and the health and safety of the patients who qualify for legal access to medical marihuana.

                    In this case, the objective of the prohibition is the same under both the ss. 7  and 1  Charter  analyses: the protection of health and safety. It follows that the same disconnect between the prohibition and its object that renders it arbitrary under s. 7  frustrates the requirement under s. 1  that the limit on the right be rationally connected to a pressing objective. The infringement of s. 7  is therefore not justified under s. 1 .

                    However, ss. 4 and 5 of the CDSA  should not be struck down in their entirety. The appropriate remedy is a declaration that these provisions are of no force and effect, to the extent that they prohibit a person with a medical authorization from possessing cannabis derivatives for medical purposes; however, that declaration is not suspended because it would leave patients without lawful medical treatment and the law and law enforcement in limbo.

Cases Cited

                    Referred to: R. v. Parker (2000), 146 C.C.C. (3d) 193; R. v. Big M Drug Mart Ltd., [1985] 1 S.C.R. 295; R. v. Morgentaler, [1988] 1 S.C.R. 30; R. v. Latchmana, 2008 ONCJ 187, 170 C.R.R. (2d) 128; R. v. Clay (2000), 49 O.R. (3d) 577; Re B.C. Motor Vehicle Act, [1985] 2 S.C.R. 486; Hitzig v. Canada (2003), 231 D.L.R. (4th) 104; Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235; Canada (Attorney General) v. PHS Community Services Society, 2011 SCC 44, [2011] 3 S.C.R. 134; Canada (Attorney General) v. Bedford, 2013 SCC 72, [2013] 3 S.C.R. 1101; Carter v. Canada (Attorney General), 2015 SCC 5, [2015] 1 S.C.R. 331; R. v. Oakes, [1986] 1 S.C.R. 103.

Statutes and Regulations Cited

Canadian Charter of Rights and Freedoms , ss. 1 , 7 .

Constitution Act, 1982 , s. 52 .

Controlled Drugs and Substances Act, S.C. 1996, c. 19 , ss. 4 , 5 , 19 , 55 .

Food and Drugs Act, R.S.C. 1985, c. F‑27 .

Marihuana for Medical Purposes Regulations, SOR/2013‑119.

Marihuana Medical Access Regulations, SOR/2001‑227 [rep. 2013‑119, s. 267], ss. 1  “dried marihuana”, 24, 34.

                    APPEAL from a judgment of the British Columbia Court of Appeal (Levine, Chiasson and Garson JJ.A.), 2014 BCCA 322, 360 B.C.A.C. 66, 617 W.A.C. 66, 315 C.C.C. (3d) 36, 316 C.R.R. (2d) 205, 14 C.R. (7th) 81, [2014] B.C.J. No. 2097 (QL), 2014 CarswellBC 2383 (WL Can.), setting aside in part a decision of Johnston J., 2012 BCSC 544, 290 C.C.C. (3d) 91, 257 C.R.R. (2d) 129, [2012] B.C.J. No. 730 (QL), 2012 CarswellBC 1043 (WL Can.). Appeal dismissed.

                    W. Paul Riley, Q.C., and Kevin Wilson, for the appellant.

                    Kirk I. Tousaw, John W. Conroy, Q.C., Matthew J. Jackson and Bibhas D. Vaze, for the respondent.

                    Julius H. Grey and Geneviève Grey, for the intervener Santé Cannabis.

                    Gerald Chan and Nader R. Hasan, for the intervener the Criminal Lawyers’ Association (Ontario).

                    Andrew K. Lokan and Debra McKenna, for the intervener the Canadian Civil Liberties Association.

                    Jason B. Gratl, for the intervener the British Columbia Civil Liberties Association.

                    Written submissions only by Paul Burstein, Ryan Peck and Richard Elliott, for the interveners the Canadian AIDS Society, the Canadian HIV/AIDS Legal Network and the HIV & AIDS Legal Clinic Ontario.




The following is the judgment delivered by

                         The Court —

[1]                              Regulations under the Controlled Drugs and Substances Act, S.C. 1996, c. 19  (“CDSA ”), permit the use of marihuana for treating medical conditions.  However, they confine medical access to “dried marihuana”, so that those who are legally authorized to possess marihuana for medical purposes are still prohibited from possessing cannabis products extracted from the active medicinal compounds in the cannabis plant.  The result is that patients who obtain dried marihuana pursuant to that authorization cannot choose to administer it via an oral or topical treatment, but must inhale it, typically by smoking. Inhaling marihuana can present health risks and is less effective for some conditions than administration of cannabis derivatives.

[2]                              The parties accept the conclusion of the Ontario Court of Appeal in R. v. Parker (2000), 146 C.C.C. (3d) 193, that a blanket prohibition on medical access to marihuana infringes the Canadian Charter of Rights and Freedoms .  This appeal requires us to decide whether a medical access regime that only permits access to dried marihuana unjustifiably violates the guarantee of life, liberty and security of the person contrary to s. 7  of the Charter .  The British Columbia courts ruled it did, and we agree.

I.              Background

[3]                              The CDSA prohibits the possession, production, and distribution of cannabis, its active compounds, and its derivatives.  In recognition of the fact that controlled substances may have beneficial uses, the CDSA  empowers the government to create exemptions by regulation for medical, scientific or industrial purposes (s. 55 ).  The Marihuana Medical Access Regulations, SOR/2001-227 (“MMARs”), created such an exemption for people who could demonstrate a medical need for cannabis.  Applicants had to provide a declaration from a medical practitioner certifying that conventional treatments were ineffective or medically inappropriate for treatment of their medical condition.  Once they had met all the regulatory requirements, patients were legally authorized to possess “dried marihuana”, defined as “harvested marihuana that has been subjected to any drying process” (s. 1 ).  Some patients were authorized to grow their own marihuana, under a personal-use production licence (s. 24), while others obtained the drug from a designated licensed producer (s. 34).

[4]                              The MMARs were replaced in 2013 with the Marihuana for Medical Purposes Regulations, SOR/2013-119 (“MMPRs”).  The new regime replaces the marihuana production scheme in the MMARs with a system of government-licensed producers.  For the purposes of this appeal, however, the situation remains unchanged: for medical marihuana patients, the exemption from the CDSA  offence is still confined to dried marihuana. 

[5]                              The accused, Owen Edward Smith, worked for the Cannabis Buyers Club of Canada, located on Vancouver Island, in British Columbia.  The Club sold marihuana and cannabis derivative products to members — people the Club was satisfied had a bona fide medical condition for which marihuana might provide relief, based on a doctor’s diagnosis or laboratory test.  It sold not only dried marihuana for smoking, but edible and topical cannabis products — cookies, gel capsules, rubbing oil, topical patches, butters and lip balms.  It also provided members with recipe books for how to make such products by extracting the active compounds from dried marihuana.  Mr. Smith’s job was to produce edible and topical cannabis products for sale by extracting the active compounds from the cannabis plant.  Mr. Smith does not himself use medical marihuana, and the Club did not have a production licence under the MMARs.

[6]                              On December 3, 2009, the police, responding to a complaint about an offensive smell, paid Mr. Smith a visit at his apartment in Victoria, and saw marihuana on a table.  They obtained a search warrant and seized the apartment’s inventory, which included 211 cannabis cookies, a bag of dried marihuana, and 26 jars of liquids whose labels included “massage oil” and “lip balm”.  Laboratory testing established that the cookies and the liquid in the jars contained tetrahydrocannabinol (“THC”), the main active compound in cannabis. THC, like the other active compounds in cannabis, does not fall under the MMARs exemption for dried marihuana. The police charged Mr. Smith with possession of THC for the purpose of trafficking contrary to s. 5(2)  of the CDSA , and possession of cannabis contrary to s. 4(1)  of the CDSA .

[7]                              At his trial before Johnston J., Mr. Smith argued that the CDSA  prohibition on possession, in combination with the exemption in the MMARs, was inconsistent with s. 7  of the Charter  and unconstitutional because it limits lawful possession of marihuana for medical purposes to “dried marihuana”.  Many witnesses, expert and lay, were called.  At the end of the voir dire, the judge made the following findings (2012 BCSC 544, 290 C.C.C. (3d) 91):

(1)      The active compounds of the cannabis plant, such as THC and cannabidiol, have established medical benefits and their therapeutic effect is generally accepted, although the precise basis for the benefits has not yet been established.

(2)   Different methods of administering marihuana offer different medical benefits.  For example, oral ingestion of the active compounds, whether by way of products baked with THC-infused oil or butter, or gel capsules filled with the active compounds, may aid gastro-intestinal conditions by direct delivery to the site of the pathology.  Further, oral administration results in a slower build-up and longer retention of active compounds in the system than inhaling, allowing the medical benefits to continue over a longer period of time, including while the patient is asleep.  It is therefore more appropriate for chronic conditions.

(3)   Inhaling marihuana, typically through smoking, provides quick access to the medical benefits of cannabis, but also has harmful side effects.  Although less harmful than tobacco smoke, smoking marihuana presents acknowledged risks, as it exposes patients to carcinogenic chemicals and is associated with bronchial disorders.

[8]                              The trial judge found that the restriction to dried marihuana deprives Mr. Smith and medical marihuana users of their liberty by imposing a threat of prosecution and incarceration for possession of the active compounds in cannabis. He also found that it deprives medical users of the liberty to choose how to take medication they are authorized to possess, a decision which he characterized as “of fundamental personal importance”, contrary to s. 7  of the Charter  (para. 88).  These limits offend the principles of fundamental justice because they are arbitrary; limiting the medical exemption to dried marihuana does “little or nothing” to enhance the state’s interest in preventing diversion of illegal drugs or in controlling false and misleading claims of medical benefit (para. 114).  For the same reason, the trial judge held that the restriction is not rationally connected to its objectives, and hence not justified under s. 1  of the Charter . 

[9]                              The majority of the Court of Appeal upheld the trial judge’s conclusions on the evidence and the constitutional issues, although it characterized the object of the prohibition more broadly, as the protection of health and safety (2014 BCCA 322, 360 B.C.A.C. 66).  Chiasson J.A., dissenting, held that Mr. Smith did not have standing to raise the constitutional issue, and that in any event the restriction did not violate s. 7  because medical users could legally convert dried marihuana into other forms.

II.           Discussion 

[10]                          Three issues arise: Mr. Smith’s standing to challenge the constitutionality of the prohibition; the constitutionality of the prohibition; and the appropriate remedy.

A.           Standing

[11]                          The first question is whether Mr. Smith has standing to challenge the constitutionality of the prohibition.  We conclude that he does. The Crown took no issue with Mr. Smith’s standing at trial. On appeal, although the issue was canvassed in oral argument, the Crown acknowledged that the principle “that no one can be convicted of an offence under an unconstitutional law” applied to Mr. Smith (R. v. Big M Drug Mart Ltd., [1985] 1 S.C.R. 295, at p. 313; C.A. reasons, at para. 147).  Before this Court, the Crown adopted Chiasson J.A.’s dissenting position, arguing that Mr. Smith does not have standing because he does not himself use medical marihuana and operated outside the regulatory scheme. The restriction to dried marihuana therefore has “nothing to do with him” (C.A. reasons, at para. 151).

[12]                          This overlooks the role the MMARs play in the statutory scheme.  They operate as an exception to the offence provisions under which Mr. Smith was charged, ss. 4  and 5  of the CDSA .  As the majority of the Court of Appeal said, the issue is whether those sections of the CDSA , “as modified by the MMARs, deprive people authorized to possess marijuana of a constitutionally protected right by restricting the exemption from criminal prosecution to possession of dried marijuana” (para. 85).  Nor does the fact that Mr. Smith is not a medical marihuana user and does not have a production licence under the regime mean he has no standing.  Accused persons have standing to challenge the constitutionality of the law they are charged under, even if the alleged unconstitutional effects are not directed at them: R. v. Morgentaler, [1988] 1 S.C.R. 30; Big M Drug Mart.  Nor need accused persons show that all possible remedies for the constitutional deficiency will as a matter of course end the charges against them. In cases where a claimant challenges a law by arguing that the law’s impact on other persons is inconsistent with the Charter , it is always possible that a remedy issued under s. 52  of the Constitution Act, 1982  will not touch on the claimant’s own situation: see R. v. Latchmana, 2008 ONCJ 187, 170 C.R.R. (2d) 128, at para. 16; R. v. Clay (2000), 49 O.R. (3d) 577 (C.A.).

[13]                          In this case, the constitutionality of the statutory provision under which Mr. Smith is charged is directly dependent on the constitutionality of the medical exemption provided by the MMARs: see Parker.  He is therefore entitled to challenge it.

B.            The Constitutionality of the Prohibition

[14]                          This appeal asks the Court to determine whether restricting medical access to marihuana to dried marihuana violates s. 7  of the Charter :


7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

[15]                          Section 7  permits the law to limit life, liberty and security of the person, provided it does so in a way that is not contrary to the principles of fundamental justice. 

[16]                          The first question in the s. 7  analysis is whether the law limits life, liberty or security of the person.  We conclude that it does. The legislative scheme’s restriction of medical marihuana to dried marihuana limits s. 7  rights in two ways.

[17]                          First, the prohibition on possession of cannabis derivatives infringes Mr. Smith’s liberty interest, by exposing him to the threat of imprisonment on conviction under s. 4(1)  or 5(2)  of the CDSA . Any offence that includes incarceration in the range of possible sanctions engages liberty: Re B.C. Motor Vehicle Act, [1985] 2 S.C.R. 486, at p. 515.  The prohibition also engages the liberty interest of medical marihuana users, as they could face criminal sanctions if they produce or possess cannabis products other than dried marihuana.  We cannot accede to the dissenting judge’s position on this point: the MMARs do not authorize medical marihuana users to convert dried marihuana into its active compounds.  An authorization to possess medical marihuana is no defence for a patient found in possession of an alternate dosage form, such as cannabis cookies, THC-infused massage oil, or gel capsules filled with THC. 

[18]                          Second, the prohibition on possession of active cannabis compounds for medical purposes limits liberty by foreclosing reasonable medical choices through the threat of criminal prosecution:  Parker, at para. 92.  In this case, the state prevents people who have already established a legitimate need for marihuana — a need the legislative scheme purports to accommodate — from choosing the method of administration of the drug.  On the evidence accepted by the trial judge, this denial is not trivial; it subjects the person to the risk of cancer and bronchial infections associated with smoking dry marihuana, and precludes the possibility of choosing a more effective treatment.  Similarly, by forcing a person to choose between a legal but inadequate treatment and an illegal but more effective choice, the law also infringes security of the person: Morgentaler; Hitzig v. Canada (2003), 231 D.L.R. (4th) 104 (Ont. C.A.).

[19]                          The Crown says that the evidence adduced on the voir dire did not establish that the prohibition on alternative forms of cannabis intruded on any s. 7  interest, beyond the deprivation of physical liberty imposed by the criminal sanction. It says that the evidence did not prove that alternative forms of medical marihuana had any therapeutic benefit; at most it established that the patient witnesses preferred cannabis products to other treatment options.  This submission runs counter to the findings of fact made by the trial judge.  After a careful review of extensive expert and personal evidence, the trial judge concluded that in some circumstances the use of cannabis derivatives is more effective and less dangerous than smoking or otherwise inhaling dried marihuana. A trial judge’s conclusions on issues of fact cannot be set aside unless they are unsupported by the evidence or otherwise manifestly in error: Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235.  The evidence amply supports the trial judge’s conclusions on the benefits of alternative forms of marihuana treatment; indeed, even the Health Canada materials filed by the Crown’s expert witness indicated that oral ingestion of cannabis may be appropriate or beneficial for certain conditions.

[20]                          The expert evidence, along with the anecdotal evidence from the medical marihuana patients who testified, did more than establish a subjective preference for oral or topical treatment forms.  The fact that the lay witnesses did not provide medical reports asserting a medical need for an alternative form of cannabis is not, as the Crown suggests, determinative of the analysis under s. 7 .  While it is not necessary to conclusively determine the threshold for the engagement of s. 7  in the medical context, we agree with the majority at the Court of Appeal that it is met by the facts of this case.  The evidence demonstrated that the decision to use non-dried forms of marihuana for treatment of some serious health conditions is medically reasonable.  To put it another way, there are cases where alternative forms of cannabis will be “reasonably required” for the treatment of serious illnesses (C.A. reasons, at para. 103). In our view, in those circumstances, the criminalization of access to the treatment in question infringes liberty and security of the person.

[21]                          We conclude that the prohibition on possession of non-dried forms of medical marihuana limits liberty and security of the person, engaging s. 7  of the Charter .  This leaves the second question — whether this limitation is contrary to the principles of fundamental justice. 

[22]                          The trial judge found that the limits on liberty and security of the person imposed by the law were not in accordance with the principles of fundamental justice, because the restriction was arbitrary, doing “little or nothing” to further its objectives, which he took to be the control of illegal drugs or false and misleading claims of medical benefit.  The majority of the Court of Appeal, which found that the objective of the prohibition was the protection of public health and safety (relying on Hitzig and Canada (Attorney General) v. PHS Community Services Society, 2011 SCC 44, [2011] 3 S.C.R. 134), likewise concluded it did not further that objective and was thus arbitrary and contrary to the principles of fundamental justice. 

[23]                          It is necessary to determine the object of the prohibition, since a law is only arbitrary if it imposes limits on liberty or security of the person that have no connection to its purpose: Canada (Attorney General) v. Bedford, 2013 SCC 72, [2013] 3 S.C.R. 1101, at para. 98.

[24]                          The Crown does not challenge the Court of Appeal’s conclusion that the object of the prohibition on non-dried forms of medical marihuana is the protection of health and safety.  However, it goes further, arguing that the restriction protects health and safety by ensuring that drugs offered for therapeutic purposes comply with the safety, quality and efficacy requirements set out in the Food and Drugs Act, R.S.C. 1985, c. F-27 , and its regulations.  This qualification does not alter the object of the prohibition; it simply describes one of the means by which the government seeks to protect public health and safety.  Moreover, the MMARs do not purport to subject dried marihuana to these safety, quality and efficacy requirements, belying the Crown’s assertion that this is the object of the prohibition. We therefore conclude that the object of the restriction to dried marihuana is simply the protection of health and safety.

[25]                          The question is whether there is a connection between the prohibition on non-dried forms of medical marihuana and the health and safety of the patients who qualify for legal access to medical marihuana.  The trial judge concluded that for some patients, alternate forms of administration using cannabis derivatives are more effective than inhaling marihuana.  He also concluded that the prohibition forces people with a legitimate, legally recognized need to use marihuana to accept the risk of harm to health that may arise from chronic smoking of marihuana.  It follows from these findings that the prohibition on non-dried medical marihuana undermines the health and safety of medical marihuana users by diminishing the quality of their medical care.  The effects of the prohibition contradict its objective, rendering it arbitrary: see Bedford, at paras. 98-100.

[26]                          The Crown says there are health risks associated with extracting the active compounds in marihuana for administration via oral or topical products.  It argues that there is a rational connection between the state objective of protecting health and safety and a regulatory scheme that only allows access to drugs that are shown by scientific study to be safe and therapeutically effective.  We disagree.  The evidence accepted at trial did not establish a connection between the restriction and the promotion of health and safety.  As we have already said, dried marihuana is not subject to the oversight of the Food and Drugs Act  regime.  It is therefore difficult to understand why allowing patients to transform dried marihuana into baking oil would put them at greater risk than permitting them to smoke or vaporize dried marihuana.  Moreover, the Crown provided no evidence to suggest that it would. In fact, as noted above, some of the materials filed by the Crown mention oral ingestion of cannabis as a viable alternative to smoking marihuana.

[27]                          Finally, the evidence established no connection between the impugned restriction and attempts to curb the diversion of marihuana into the illegal market.  We are left with a total disconnect between the limit on liberty and security of the person imposed by the prohibition and its object.  This renders it arbitrary: see Carter v. Canada (Attorney General), 2015 SCC 5, [2015] 1 S.C.R. 331, at para. 83.

[28]                          We conclude that the prohibition of non-dried forms of medical marihuana limits liberty and security of the person in a manner that is arbitrary and hence is not in accord with the principles of fundamental justice.  It therefore violates s. 7  of the Charter .

[29]                          The remaining question is whether the Crown has shown this violation of s. 7  to be reasonable and demonstrably justified under s. 1  of the Charter .  As explained in Bedford, the s. 1  analysis focuses on the furtherance of the public interest and thus differs from the s. 7  analysis, which is focused on the infringement of the individual rights: para. 125.  However, in this case, the objective of the prohibition is the same in both analyses: the protection of health and safety.  It follows that the same disconnect between the prohibition and its object that renders it arbitrary under s. 7  frustrates the requirement under s. 1  that the limit on the right be rationally connected to a pressing objective (R. v. Oakes, [1986] 1 S.C.R. 103). Like the courts below, we conclude that the infringement of s. 7  is not justified under s. 1  of the Charter .

C.            Remedy

[30]                          A law is “of no force or effect” to the extent it is inconsistent with the guarantees in the Charter : s. 52  of the Constitution Act, 1982 .  We have concluded that restricting medical access to marihuana to its dried form is inconsistent with the Charter . It follows that to this extent the restriction is null and void.

[31]                          The precise form the order should take is complicated by the fact that it is the combination of the offence provisions and the exemption that creates the unconstitutionality.  The offence provisions in the CDSA  should not be struck down in their entirety. Nor is the exemption, insofar as it goes, problematic — the problem is that it is too narrow, or under-inclusive.  We conclude that the appropriate remedy is a declaration that ss. 4  and 5  of the CDSA  are of no force and effect, to the extent that they prohibit a person with a medical authorization from possessing cannabis derivatives for medical purposes.

[32]                          We would reject the Crown’s request that the declaration of invalidity be suspended to keep the prohibition in force pending Parliament’s response, if any.  (What Parliament may choose to do or not do is complicated by the variety of available options and the fact that the MMARs have been replaced by a new regime.)  To suspend the declaration would leave patients without lawful medical treatment and the law and law enforcement in limbo.  We echo the Ontario Court of Appeal in Hitzig, at para. 170: “A suspension of our remedy would simply [continue the] undesirable uncertainty for a further period of time.”

III.        Disposition

[33]                          We would dismiss the appeal, but vary the Court of Appeal’s order by deleting the suspension of its declaration and instead issue a declaration that ss. 4  and 5  of the CDSA  are of no force and effect to the extent that they prohibit a person with a medical authorization from possessing cannabis derivatives for medical purposes.

[34]                          At no point in the course of these proceedings did the British Columbia courts or this Court issue a declaration rendering the charges against Mr. Smith unconstitutional.  In fact, following the voir dire, the trial judge refused to grant a judicial stay of proceedings.  Despite this, the Crown chose not to adduce any evidence at trial.  As a result of the Crown’s choice, Mr. Smith was acquitted.  We see no reason why the Crown should be allowed to reopen the case following this appeal.  Mr. Smith’s acquittal is affirmed. 




                    Appeal dismissed.

                    Solicitor for the appellant: Public Prosecution Service of Canada, Vancouver.

                    Solicitors for the respondent: Tousaw Law Corporation, Duncan, British Columbia; Conroy and Company, Abbotsford; Henshall Scouten, Vancouver; Bibhas D. Vaze, Vancouver.

                    Solicitors for the intervener Santé Cannabis: Grey Casgrain, Montréal.

                    Solicitors for the intervener the Criminal Lawyers’ Association (Ontario): Ruby Shiller Chan Hasan, Toronto.

                    Solicitors for the intervener the Canadian Civil Liberties Association: Paliare Roland Rosenberg Rothstein, Toronto.

                    Solicitors for the intervener the British Columbia Civil Liberties Association: Gratl & Company, Vancouver.

                    Solicitors for the interveners the Canadian AIDS Society, the Canadian HIV/AIDS Legal Network and the HIV & AIDS Legal Clinic Ontario: Burstein Bryant Barristers, Toronto; HIV & AIDS Legal Clinic Ontario, Toronto; Canadian HIV/AIDS Legal Network, Toronto.

Tuesday, December 2, 2014

Food Recall Warning - Your Fresh Market brand ground beef products recalled due to E. coli O157


Food Recall Warning - Your Fresh Market brand ground beef products recalled due to E. coli O157


Recall date:


December 1, 2014
Reason for recall:


Microbiological - E. coli O157
Hazard classification:


Class 1
Company / Firm:


Cargill Meat Solutions (Est. 700)
Distribution:


Alberta, British Columbia, Manitoba, Saskatchewan
Extent of the distribution:


Consumer
Reference number:


9497












Recall details


Ottawa, December 1, 2014 - Cargill Meat Solutions (Est. 700) is recalling Your Fresh Market brand ground beef products from the marketplace due to possible E. coli O157 contamination. Consumers should not consume the recalled products described below.


The following products have been sold at Walmart stores in Alberta, British Columbia, Manitoba and Saskatchewan.






Recalled products



Brand Name

Common Name

Size

Code(s) on Product

UPC


Your Fresh Market

Extra Lean Ground Beef Sirloin

475 g

Best Before 2014.NO.28

6 05388 18363 7


Your Fresh Market

Extra Lean Ground Beef

475 g

Best Before 2014.NO.28

6 05388 18369 9


Your Fresh Market

Medium Ground Beef

475 g

Best Before 2014.NO.28

6 05388 18365 1


Your Fresh Market

Lean Ground Beef

475 g

Best Before 2014.NO.28 and 2014.NO.29

6 05388 18376 7


Your Fresh Market

Extra Lean Ground Beef

900 g

Best Before 2014.NO.28

6 05388 18372 9


Your Fresh Market

Lean Ground Beef

900 g

Best Before 2014.NO.28

6 05388 18378 1


Your Fresh Market

Lean Ground Beef

1.6 kg

Best Before 2014.NO.28 and 2014.NO.29

6 05388 18379 8







What you should do


Check to see if you have recalled products in your home. Recalled products should be thrown out or returned to the store where they were purchased.


Food contaminated with E. coli O157 may not look or smell spoiled but can still make you sick. Symptoms can include nausea, vomiting, mild to severe abdominal cramps and watery to bloody diarrhea. In severe cases of illness, some people may have seizures or strokes, need blood transfusions and kidney dialysis or live with permanent kidney damage. In severe cases of illness, people may die.
Learn more about the health risks
Sign up for recall notifications by email or follow us on Twitter
View our detailed explanation of the food safety investigation and recall process






Background


This recall was triggered by test results. The Canadian Food Inspection Agency (CFIA) is conducting a food safety investigation, which may lead to the recall of other products. If other high-risk products are recalled, the CFIA will notify the public through updated Food Recall Warnings.


The CFIA is verifying that industry is removing recalled product from the marketplace.






Illnesses


There have been no reported illnesses associated with the consumption of these products.











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Friday, November 28, 2014

Historic $130 million gift from the Rogers family to establish the Ted Rogers Centre for Heart Research Peter Munk Cardiac Centre





Historic $130 million gift from the Rogers family to establish the Ted Rogers Centre for Heart Research




Largest private donation in Canadian health care history will bring together the strengths of SickKids, UHN, and U of T
in individualized genomic medicine, tissue engineering, and advanced cardiac care.

Goal to reduce hospitalization for heart failure by 50 per cent in 10 years.

The Rogers family gift to be matched with an additional $139 million from partner organizations
for a total investment of $269 million.

TORONTO, November 20, 2014 – The Hospital for Sick Children (SickKids), University Health Network (UHN) and the University of Toronto (U of T) announced today the creation of the Ted Rogers Centre for Heart Research (the Centre) funded by an unprecedented donation of $130 million from the Rogers family – the largest monetary gift ever made to a Canadian health care initiative. The donation will be matched with $139 million in additional funds combined from SickKids, UHN, and U of T for a total investment of $269 million.

“We’re thrilled to be able to bring the Ted Rogers Centre for Heart Research to life,” said Loretta Rogers, wife of the late Ted Rogers. “It’s a testament to Ted’s drive for innovation and his commitment to leaving the world a better place. We know Ted would have been proud of this bold initiative that will improve heart health for all.”

Ted Rogers’ personal experience with heart disease and his interest in finding new therapies to advance heart health make the Ted Rogers Centre for Heart Research a fitting legacy, noted Dr. Michael Apkon, President and CEO of SickKids. “The generosity and magnitude of this gift, and the transformational effect it will have on heart research, truly reflects the pioneering and innovative spirit of Ted Rogers and his family. This powerful, collaborative partnership among SickKids, UHN and U of T will have a global impact. Together we hope to accelerate discovery and cardiac care at an unprecedented pace.”

Heart disease represents a considerable economic strain on the Canadian health care system. The annual cost for managing moderate and severe heart failure patients in Canada is as much as $2.3 billion. “Today, one million Canadians are living with heart failure, and that number is projected to increase 25 per cent over the next 20 years,” noted Dr. Barry Rubin, Chair and Program Medical Director of UHN’s Peter Munk Cardiac Centre. “This unprecedented gift will enable physicians and scientists working together in the Ted Rogers Centre for Heart Research to develop new therapies that will dramatically improve the lives of patients with heart disease. One of our primary goals is to reduce hospitalization for heart failure by 50 per cent in the next decade. Ted Rogers led the development of the telecommunications industry through a constant focus on innovation. We will use Mr. Rogers’ approach to change the face of heart disease in Canada and throughout the world.”

Adding to the exceptional nexus of clinicians, scientists and engineers already accelerating the pace of change in cardiac care across the partner institutions, The Centre will be a magnet to attract the top research talent from around the world, further solidifying Toronto and Canada’s position as global leaders in cardiac care, noted Professor Meric Gertler, President of the University of Toronto. “The Toronto region is home to one of the world’s largest biomedical science and health education clusters. This exceptionally powerful network of researchers and educators is translating exciting ideas, innovations and therapies in stem cell research and regenerative medicine into clinical settings where they will address the most challenging problems across the spectrum of heart disease. With its pioneering spirit and innovative approach, the Ted Rogers Centre for Heart Research will be a world-class collaboration and a most fitting tribute to its namesake.”

The Centre will have facilities in the three participating institutions, with its directorate situated at UHN. It will be the first in the world to bring together research, education and innovation in individualized genomic medicine, stem cell research, bioengineering, and cardiovascular treatment and management under one umbrella with a single focus: improving heart health across the entire life span, from children to adults. Each partner will take the lead in a particular area of focus:
SickKids will harness the power of genomic science to decode the genetic foundations of cardiac disease, which will allow for heart disease to be better predicted before it occurs, and will support individualized therapies for children and adults, based on the unique genome of each patient.
UHN, through the application of powerful databases, new biomarkers for cardiac disease, regenerative and individualized medicine approaches and state-of-the-art-real-time home monitoring and telecommunications technologies, will focus on the translation of research discovery into the delivery of care for patients. Foundational to this approach is a customized cardiovascular data module for a new electronic patient record which is linked to a Biobank which will house a vast array of biologic samples that come from both adult and paediatric patients.
U of T will combine stem cell technology with novel approaches in cellular and tissue engineering for the regeneration of heart muscle, coronary vessels, and heart valves; enlarge our understanding of how genetic, molecular signaling, and cellular networks function as the heart develops, opening up the possibility for more effective heart therapies; and, create technologies and tools for improved heart physiology monitoring in clinical settings.

The Centre will also establish an innovation fund to drive discovery and development of next-generation therapies for heart failure, and an education fund to attract the best and brightest students and postgraduates to ensure a deep pool of talent in Canada for cardiac care and research.

To learn more about the Ted Rogers Centre for Heart Research, go to www.TedRogersResearch.ca