Strategic Litigation

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.

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...

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)...

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...