Summary

39906

Janick Murray-Hall v. Attorney General of Quebec

(Quebec) (Civil) (By Leave)

Keywords

Constitutional law — Division of powers — Double aspect doctrine — Cooperative federalism — Doctrine of federal paramountcy — Constitutionality of Quebec statute prohibiting possession of cannabis plants and personal cultivation of cannabis for personal purposes — Whether Quebec Court of Appeal judges erred in law in finding ss. 5 and 10 of Cannabis Regulation Act, CQLR, c. C-5.3, constitutionally valid — Whether Court of Appeal’s judgment must therefore be reversed — Cannabis Regulation Act, CQLR, c. C-5.3, ss. 5, 10.

Summary

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Following the enactment in 2018 of the Cannabis Act, S.C. 2018, c. 5, by the federal government and the Cannabis Regulation Act, CQLR, c. C-5.3, by the province of Quebec, the appellant, Janick Murray-Hall, brought an action in the Quebec Superior Court challenging the constitutional validity of ss. 5 and 10 of the Cannabis Regulation Act, which completely prohibit the possession of cannabis plants and the cultivation of cannabis for personal purposes in Quebec. He sought a declaration that those provisions are ultra vires the provincial legislature or, in the alternative, that they are of no force or effect because of the application of the doctrine of federal paramountcy.

The Quebec Superior Court allowed the appellant’s application and declared that ss. 5 and 10 of the Cannabis Regulation Act are constitutionally invalid. The Quebec Court of Appeal was of the view that the provisions are constitutionally valid and operative. It unanimously allowed the appeal of the Attorney General of Quebec and set aside the trial judgment.

Lower Court Rulings

September 3, 2019
Superior Court of Quebec

200-17-028561-181, 2019 QCCS 3664
Originating application allowed and ss. 5 and 10 of Cannabis Regulation Act declared constitutionally invalid
September 2, 2021
Court of Appeal of Quebec (Québec)

200-09-010109-194, 2021 QCCA 1325
Appeal allowed, trial judgment set aside and conclusions sought in originating application denied