Law Reform

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...

Garber et al. v. Canada: Victory for BC Medical Cannabis Patient’s Rights

Today, October 2, 2015, the BC Supreme Court issued an injunction, covering 4 medical cannabis patients, that permits them to continue to produce under the terms of their MMAR licensing, and does not contain the 150g possession limit set out in the MMPR.

Opinion on Health Canada’s ACMPR Announcement

Today Health Canada announced that the new ACMPR would replace the MMPR on August 24, 2016. This represents the government’s response to the decision of the Federal Court in Allard. The new regulations are, in essence, a blend of the MMAR and MMPR. The Licensed Producers remain the sole commercial option and have become the...

Initial Thoughts on the Final Report on Cannabis Legalization and Regulation

Kirk Tousaw reviews the final report for the legalization and regulation of cannabis in Canada

Dispensary Challenges Federal Medical Cannabis Rules

Download Statement of Claim (PDF) A Toronto-based not-for-profit medical cannabis dispensary has filed a lawsuit in Federal Court challenging Canada’s current medical cannabis access rules. The lawsuit alleges that the federal government is violating the Canadian Charter of Rights and Freedoms by unreasonably restricting patient access to medical cannabis (marijuana). The lawsuit argues that the...

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...

A response to Vancouver Island Health Authority (Island Health) regarding cannabis edibles

This is a global response that I sent today setting out my views on Island Health's misguided and anti-health initiative.

Kirk Tousaw’s statement on Ontario’s cannabis monopoly scheme

The Ontario government recently released its plans for retail cannabis distribution in the province. In effect, that plan sets up a government monopoly on all retail sales. I believe that Ontario’s plan is misguided and doomed to fail for a variety of reasons. This memorandum attempts to illustrate some of the problems with a monopoly approach in...

Cannabis Culture to intervene in interprovincial trade hearing at the Supreme Court of Canada

Tousaw Law Corporation is acting for Cannabis Culture and Jodie Emery who are intervening on behalf of cannabis business owners across Canada who may be deeply impacted by the Supreme Court’s ruling in the case of Gerard Comeau, a New Brunswick retiree who is charged with breaching a Provincial liquor control Act. The case calls...
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