Breaking News: Federal Court of Appeal dismisses government appeal in the national test case Allard et al v. Her Majesty the Queen. Medical cannabis patients across Canada are permitted to continue their home gardens. We were also successful in our cross-appeal and the Court has sent the case back down to the trial level for possible broadening of the injunction.
This is a huge victory for medical cannabis patients. Links to the decisions: Federal Court of Appeal Judgement (PDF) | Federal Court of Appeal: Five Decisions (PDF).
Update: Adjournment application in Allard is dismissed. Trial will go forward in February.
Kirk Tousaw is a Duncan, B.C.-based lawyer who represents several medical cannabis dispensaries. He regularly litigates Charter issues arising out of the government’s flawed medical cannabis system. He volunteers as one of the board of directors with the B.C. Civil Liberties Association and the Sensible B.C. Society.
Cannabis Criminal Defense
Kirk is able to provide representation in the criminal courts at all levels, including trial and appeal. He frequently represents persons charged with producing, trafficking and possessing cannabis for the purpose of trafficking. This practice area includes Charter-based challenges to stops, arrests and searches.
Medical Cannabis Compliance
Canada’s medical cannabis rules are constantly changing and patient and producer rights are in flux. If you plan to participate in the medical cannabis industry, Kirk can assist you in navigating the complex regulatory environment. And when no other options exist, Kirk can represent your interests in Court.
It is often necessary to involve the Courts in making changes to bad laws or regulations. If the government is not willing to amend its bad policies on the basis of evidence and public opinion, Kirk is prepared to use the Charter to force change in the Courts.
Kirk is an active proponent of modernizing our cannabis policies by repealing prohibition and implementing a regime of reasonable controls. He is a founding Board member of the Sensible BC Society and serves on the Board of Directors of NORML Canada and the BC Civil Liberties Association. These non-profits groups work tirelessly on critical law reform issues.