Docket

36059

Her Majesty the Queen v. Owen Edward Smith

(British Columbia) (Criminal) (As of Right)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2015-06-22 Appeal closed
2015-06-12 Formal judgment sent to the registrar of the court of appeal and all parties
2015-06-12 Judgment on appeal and notice of deposit of judgment sent to all parties
2015-06-11 Judgment on the appeal rendered, CJ Abe Cro Ka Wa Ga Côt, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA040556, 2014 BCCA 322, dated August 14, 2014, heard on March 20, 2015, is dismissed. Sections 4 and 5 of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, are of no force and effect to the extent that they prohibit a person with a medical authorization from possessing cannabis derivatives for medical purposes. The Court of Appeal’s order is varied to delete the suspension of its declaration of invalidity. Mr. Smith’s acquittal is affirmed.
Dismissed
2015-04-07 Transcript received, (115 pages)
2015-03-20 Judgment reserved OR rendered with reasons to follow
2015-03-20 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Owen Edward Smith
2015-03-20 Appellant's condensed book, Submitted in Court (14 copies) Her Majesty the Queen
2015-03-20 Hearing of the appeal, 2015-03-20, CJ Abe Cro Ka Wa Ga Côt
Judgment reserved
2015-03-18 Appeal hearing scheduled, 2015-03-20, Early start 9 a.m. (previously March 24, 2015)
Judgment reserved
2015-03-17 Correspondence received from, 4 reserved seats requested Her Majesty the Queen
2015-03-11 Correspondence received from, 2 reserved seats requested Santé Cannabis
2015-03-11 Notice of appearance, Jason Gratl will be present at the hearing. British Columbia Civil Liberties Association
2015-03-11 Notice of appearance, Andrew Lokan and Debra McKenna will be present at the hearing. Canadian Civil Liberties Association
2015-03-11 Notice of appearance, Gerald Chan and Nader Hasan will be present at the hearing. Criminal Lawyers' Association (Ontario)
2015-03-11 Appeal perfected for hearing
2015-03-11 Order by, Wa, FURTHER TO THE ORDER dated February 19, 2015, granting leave to intervene to Santé Cannabis, the Criminal Lawyers’ Association (Ontario), the Canadian Civil Liberties Association, the British Columbia Civil Liberties Association, as well as the Canadian AIDS Society, Canadian HIV/AIDS Legal Network and HIV & AIDS Legal Clinic Ontario (jointly);
IT IS HEREBY FURTHER ORDERED THAT:
1. The Criminal Lawyers’ Association (Ontario), the Canadian Civil Liberties Association and the British Columbia Civil Liberties Association are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
2. The factums of Santé Cannabis and the Canadian AIDS Society, Canadian HIV/AIDS Legal Network and HIV & AIDS Legal Clinic Ontario (jointly) will be considered without the need for oral argument.
Allowed in part
2015-03-10 Intervener's book of authorities, Completed on: 2015-03-10 Canadian Civil Liberties Association
2015-03-10 Intervener's factum, Completed on: 2015-03-10 Canadian Civil Liberties Association
2015-03-10 Intervener's book of authorities, Completed on: 2015-03-10 British Columbia Civil Liberties Association
2015-03-10 Intervener's factum, Completed on: 2015-03-10 British Columbia Civil Liberties Association
2015-03-10 Intervener's book of authorities, Completed on: 2015-03-10 Criminal Lawyers' Association (Ontario)
2015-03-10 Intervener's factum, Completed on: 2015-03-10 Criminal Lawyers' Association (Ontario)
2015-03-10 Intervener's book of authorities, Completed on: 2015-03-10 Canadian AIDS Society, Canadian HIV/AIDS Legal Network and HIV & AIDS Legal Clinic Ontario
2015-03-10 Intervener's factum, Completed on: 2015-03-10 Canadian AIDS Society, Canadian HIV/AIDS Legal Network and HIV & AIDS Legal Clinic Ontario
2015-03-10 Intervener's factum, Completed on: 2015-03-10 Santé Cannabis
2015-03-09 Intervener's book of authorities, Completed on: 2015-03-09 Santé Cannabis
2015-03-09 Notice of appearance, 10 reserved seats requested Owen Edward Smith
2015-03-09 Notice of appearance, Julius Grey and Geneviève Grey will be present et the hearing. Santé Cannabis
2015-03-06 Notice of appearance, Kirk Tousaw, John Conroy, Bibhas D. Vaze and Matthew Jackson will be present at the hearing. Owen Edward Smith
2015-03-06 Notice of appearance, Paul Riley and Kevin Wilson will be present at the hearing. Her Majesty the Queen
2015-02-26 Respondent's book of authorities, Completed on: 2015-02-26 Owen Edward Smith
2015-02-26 Respondent's factum, Completed on: 2015-02-26 Owen Edward Smith
2015-02-19 Order on miscellaneous motion, (by WAGNER J.)
2015-02-19 Order on motion to extend time, (by WAGNER J.)
2015-02-19 Order on motion for leave to intervene, (by WAGNER J.)
2015-02-19 Decision on miscellaneous motion, (see order on motions for leave to intervene dated February 19, 2015), Wa
2015-02-19 Decision on motion to extend time, (see order on motions for leave to intervene dated February 19, 2015), Wa
2015-02-19 Decision on the motion for leave to intervene, Wa, UPON APPLICATIONS by Santé Cannabis, the Criminal Lawyers’ Association (Ontario), the Canadian Civil Liberties Association, the British Columbia Civil Liberties Association, as well as the Canadian AIDS Society, Canadian HIV/AIDS Legal Network and HIV & AIDS Legal Clinic Ontario (jointly) for leave to intervene in the above appeal;
AND UPON APPLICATION by the Medicinal Cannabis Patients’ Alliance of Canada Inc. for an extension of time to file a motion for leave to intervene and for leave to intervene in the above appeal;
AND UPON APPLICATION by Mr. Marc Boyer for an order granting leave to represent the Vancouver Quadra Electoral District Association for the Marijuana Party pursuant to Rule 15(3) of the Rules of the Supreme Court of Canada and for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene by Santé Cannabis, the Criminal Lawyers’ Association (Ontario), the Canadian Civil Liberties Association, the British Columbia Civil Liberties Association, as well as the Canadian HIV/AIDS Legal Network and HIV & AIDS Legal Clinic Ontario (jointly) are granted and the said interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length in this appeal on or before March 10, 2015.
The motion for an extension of time to apply for leave to intervene by the Medicinal Cannabis Patients’ Alliance of Canada Inc. is granted. The motion for leave to intervene by the Medicinal Cannabis Patients’ Alliance of Canada Inc. is dismissed.
The motion by Mr. Marc Boyer for leave to represent the Vancouver Quadra Electoral District Association for the Marijuana Party pursuant to Rule 15(3) of the Rules of the Supreme Court of Canada is dismissed. Accordingly, it is not necessary to dispose of the motion for leave to intervene.
The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their interventions.
The appellant’s request to file a 12 page response factum is denied.
Allowed in part
2015-02-19 Submission of miscellaneous motion, Wa
2015-02-19 Submission of motion to extend time, Wa
2015-02-19 Submission of motion for leave to intervene, Wa
2015-02-19 Reply to miscellaneous motion, (Letter Form), Completed on: 2015-02-19 Marc Boyer for Vancouver Quadra Electoral District Association for the Marijuana Party
2015-02-13 Response to miscellaneous motion, (Letter Form), Completed on: 2015-02-13 Her Majesty the Queen
2015-02-13 Response to miscellaneous motion, (Letter Form), Completed on: 2015-02-13 Owen Edward Smith
2015-02-12 Notice of miscellaneous motion, (Letter Form), pursuant to Rule 15 (3) , Completed on: 2015-02-12 Marc Boyer for Vancouver Quadra Electoral District Association for the Marijuana Party
2015-02-09 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2015-02-09 Santé Cannabis
2015-02-09 Response to the motion for leave to intervene, (Letter Form), Completed on: 2015-02-09 Owen Edward Smith
2015-02-06 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2015-02-06 Medicinal Cannabis Patients' Alliance of Canada Inc.
2015-02-06 Response to the motion for leave to intervene, (Letter Form), Completed on: 2015-02-06 Her Majesty the Queen
2015-02-02 Motion to extend time, (Letter Form), (Included in the motion for leave to intervene), to serve and file motion to intervene (MCPAC), Completed on: 2015-02-02 Medicinal Cannabis Patients' Alliance of Canada Inc.
2015-02-02 Motion for leave to intervene, (Letter Form), motion to ext. time included, Completed on: 2015-02-02 Medicinal Cannabis Patients' Alliance of Canada Inc.
2015-01-29 Motion for leave to intervene, (Letter Form), filing fees missing - rec'd Feb.11/2015, Completed on: 2015-02-11 Marc Boyer for Vancouver Quadra Electoral District Association for the Marijuana Party
2015-01-29 Motion for leave to intervene, (Book Form), Completed on: 2015-01-29 Canadian AIDS Society, Canadian HIV/AIDS Legal Network and HIV & AIDS Legal Clinic Ontario
2015-01-29 Motion for leave to intervene, (Book Form), Completed on: 2015-01-29 British Columbia Civil Liberties Association
2015-01-29 Motion for leave to intervene, (Book Form), Completed on: 2015-01-29 Canadian Civil Liberties Association
2015-01-28 Motion for leave to intervene, (Book Form), Completed on: 2015-01-28 Criminal Lawyers' Association (Ontario)
2015-01-16 Motion for leave to intervene, (Book Form), Completed on: 2015-01-16, (Electronic version filed on 2015-01-20) Santé Cannabis
2015-01-08 Appellant's book of authorities, (3 volumes), Completed on: 2015-01-08 Her Majesty the Queen
2015-01-08 Appellant's record, (13 volumes) 2015-03-05 - BCCA order rec'd (page 91), Completed on: 2015-01-08 Her Majesty the Queen
2015-01-08 Appellant's factum, Completed on: 2015-01-08 Her Majesty the Queen
2014-12-29 Order on motion to extend time, (by THE DEPUTY REGISTRAR)
2014-12-29 Decision on motion to extend time, DeRg, UPON APPLICATION by the appellant for an order extending the time within which to serve and file its Notice of Constitutional Question to November 25, 2014;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Granted
2014-12-29 Submission of motion to extend time, DeRg
2014-12-08 Motion to extend time, (Book Form), to file Notice of Constitutioal Question to November 25, 2014. , Completed on: 2014-12-17, (Electronic version filed on 2014-12-08) Her Majesty the Queen
2014-12-05 Response to motion to extend time, (Letter Form), Completed on: 2014-12-05, (Electronic version filed on 2014-12-05) Owen Edward Smith
2014-11-26 Notice of constitutional question(s), (Letter Form), All AGs served November 25 and 26, 2014. Motion for extension of time requested. Her Majesty the Queen
2014-11-12 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2014-11-12 Order on motion to extend time, (by CHIEF JUSTICE MCLACHLIN)
2014-11-12 Decision on motion to extend time, CJ, UPON APPLICATION by the appellant for an order stating constitutional questions in the above appeal;
AND UPON APPLICATION by the respondent for an extension of time to serve and file its response to the motion to state constitutional questions;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion by the respondent to extend the time to serve and file its response to the motion to state constitutional questions is granted and the constitutional questions are stated as follows:
1. Do the Marihuana Medical Access Regulations, SOR/2001-227, as amended, infringe s. 7 of the Canadian Charter of Rights and Freedoms, insofar as they only allow for access to “dried marihuana”?
2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
Any attorney general who intervenes pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall pay the appellant and respondent the costs of any additional disbursements they incur as a result of the intervention.
IT IS HEREBY FURTHER ORDERED THAT:
1. The appellant’s record, factum and book of authorities shall be served and filed on or before January 8, 2015.
2. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before January 29, 2015.
3. The appellant and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before February 5, 2015.
4. Replies to the responses, if any, to the motions for leave to intervene shall be served and filed on or before February 9, 2015.
5. The respondent record, factum and book of authorities shall be served and filed on or before February 26, 2015.
6. Any interveners granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall file and serve their factum and book of authorities on or before March 10, 2015.
7. Any attorney general wishing to intervene pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities on or before March 10, 2015.
Granted
2014-11-12 Submission of motion to extend time, CJ
2014-10-27 Response to motion to extend time, (Letter Form), Completed on: 2014-10-27 Her Majesty the Queen
2014-10-27 Motion to extend time, (Letter Form), To serve and file the response to the motion on constitutional questions, Completed on: 2014-10-27 Owen Edward Smith
2014-10-24 Reply to the motion to state a constitutional question, (Letter Form), Completed on: 2014-10-24, (Electronic version due on 2014-10-31) Her Majesty the Queen
2014-10-21 Response to the motion to state a constitutional question, Motion for extension of time requested - Rec'd on 2014-10-27, Completed on: 2014-10-28 Owen Edward Smith
2014-10-10 Motion to state a constitutional question, Completed on: 2014-10-14, (Printed version filed on 2014-10-14) Her Majesty the Queen
2014-09-12 Certificate (on limitations to public access) Her Majesty the Queen
2014-09-12 Notice of appeal, Completed on: 2014-09-12 Her Majesty the Queen