The Supreme Court of Canada will hear Janick Murray-Hall v. Attorney General of Quebec (Quebec) Thursday, September 15, 2022 from 9:30 a.m. It will be broadcast live.
Following the enactment in 2018 of the Cannabis Act, S.C. 2018, c. 5, by the federal government and the Cannabis Regulation Act, CQLR, c. C-5.3, by the province of Quebec, the appellant, Janick Murray-Hall, brought an action in the Quebec Superior Court challenging the constitutional validity of ss. 5 and 10 of the Cannabis Regulation Act, which completely prohibit the possession of cannabis plants and the cultivation of cannabis for personal purposes in Quebec. He sought a declaration that those provisions are ultra vires the provincial legislature or, in the alternative, that they are of no force or effect because of the application of the doctrine of federal paramountcy.
The Quebec Superior Court allowed the appellant’s application and declared that ss. 5 and 10 of the Cannabis Regulation Act are constitutionally invalid. The Quebec Court of Appeal was of the view that the provisions are constitutionally valid and operative. It unanimously allowed the appeal of the Attorney General of Quebec and set aside the trial judgment.
Supreme Court of Canada - SCC Case Information - Summary - 39906 (scc-csc.ca)