Cannabis Criminal Defense

Successful Cross-Appeal to Allow Medical Cannabis Patients Across Canada to Continue Their Home Gardens

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...

Medical-Marijuana License Holders and Cannabis Extracts

In [April] 2012, we won a trial court decision allowing medical cannabis patients in British Columbia to possess concentrates…this ruling was appealed and the case is scheduled to enter the Supreme Court of Canada on March 20. But for the time being, medical-marijuana license holders are permitted to possess cannabis extracts.

National Test Case Commences

Restriction to dried marihuana only on the way to Supreme Court of Canada. In February 25, 2015, the Allard et al v. Her Majesty the Queen trial began in Federal Court. The case challenges the government’s decision to re-criminalize medical cannabis production. Plaintiffs argue that criminally prohibiting their production violates the rights granted by section...

An Interview with Kirk Tousaw on the Allard et al vs Her Majesty the Queen National Test Case [video]

Jason Wilcox of Cannabis in Canada interviews Kirk Tousaw “right from the courtroom to the people…about the Allard et al vs Her Majesty the Queen trial as it makes its way through its first week. Atty. Tousaw, who has been working intimately and tirelessly with John Conroy, QC, on this case, spoke of expert testimony on...

Tousaw Law Corporation Arguing in Supreme Court of Canada

On Friday, March 20, the Supreme Court of Canada will hear the first case ever involving medical cannabis (marihuana). Owen Smith, a producer of cannabis-based medicine for a Victoria, BC based compassion club known as the Cannabis Buyers Club of Canada (CBC of C), was criminally charged with possessing THC for the purpose of trafficking...

Webcast of the Supreme Court Hearing for Her Majesty the Queen v. Owen Edward Smith Case

View the webcast here: Her Majesty the Queen v. Owen Edward Smith Pre- and post-hearing pictures: #owensmith @KirkTousaw @AlisonMyrden … Waiting to hear the Owen Smith extracts case #SupremeCourt pic.twitter.com/eGpsvK4zbD — Gary (@AskGoo) March 20, 2015 #Cannabis warriors .@mandymcknight @rainbowensmyth @KirkTousaw at the #scc #mmpr #drugpolicy #cdnhealth #cdnpoli pic.twitter.com/uhCyx01erd — Adam Greenblatt (@adam_greenblatt) March 20,...

Seminar on the Changing Legal Landscape Around Marijuana

Kirk Tousaw and John Conroy will discuss the changing legal landscape for medical cannabis at a Continuing Legal Education Society of B.C. seminar at the Pan Pacific Hotel on May 29.  Tousaw said the seminar will address more than just the implications of the Smith and Allard cases. “We cover the gamut from civil law...

Breaking News: Supreme Court Decision on R vs Smith

We are thrilled to announce that the Supreme Court decision in R v Smith was a unanimous victory for the rights of medical cannabis patients in Canada. The decision can be read here: http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/15403/index.do Supreme Court of Canada upholds acquittal of B.C. man who baked marijuana cookies for compassion http://t.co/Ib5yAK9otP via @georgiastraight — NORMLWomenCanada (@NORML_CWA)...

Allard decision: Victory for Medical Cannabis Patients as MMPR Declared Invalid

Today in an historic decision the Federal Court of Canada determined that section 7 of the Charter was violated by the government’s implementation of the MMPR. The MMPR were declared invalid and that declaration suspended for 6 months to allow the government to respond legislatively. More analysis will follow. Congratulations and appreciation to all involved...

Statement on Cannabis Culture raids

Late last night and this morning a variety of police departments executed warrants that appear to have been sought by the Toronto Police Services. Marc and Jodie Emery have been arrested, along with several other cannabis activists including Chris and Erin Goodwin, Britney Guerra and perhaps others. This latest salvo in Canada's senseless war on cannabis...