Heidi Chartrand v. Her Majesty the Queen

(Federal Court) (Civil) (By Leave)


Constitutional law - Appeals, Judicial review, Civil procedure.


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Constitutional law – Constitutional proceedings – Appeals and judicial review – Civil procedure – Self represented litigants challenging constitutionality of medical marijuana regulations and seeking interim exemption from criminal law pending trial – Whether the applicants proved sufficient medical need to warrant exemption from marijuana prohibitions pending action for repeal – Controlled Drugs and Substances Act, S.C. 1996, c. 19.

Since February 2014, approximately 300 self-represented plaintiffs, including the applicant, have filed identical claims seeking declarations that the Marijuana Medical Access Regulations (“MMAR”), S.O.R./2001-227, which were repealed on March 31, 2014 and the Marijuana for Medical Purposes Regulations, S.O.R./2013-119, which succeeded the MMAR are unconstitutional. In the course of their actions, twenty-six plaintiffs, including the applicant, brought motions for interim constitutional exemptions from the Controlled Drugs and Substances Act (“CDSA”) for the personal use of marijuana pending trial of their actions.