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PROCEDURAL HISTORY - Grant Krieger December 11, 2000 Court of Queen's Bench of Alberta(Acton J.) Section 7(1) of the Controlled Drugs and Substances Act,inasmuch as it relates to cannabis marihuana, declared inconsistent with the Charter; declaration suspended for one year; Respondent granted an exemption from the application of s. 7(1); charge stayed June 20, 2001 Court of Queen's Bench of Alberta(Acton J.) Applicant acquitted of possession of a controlled substance for the purpose of trafficking contrary to s. 5(2) of the Controlled Drugs and Substances Act November 28, 2001 Court of Appeal of Alberta(O'Leary J.A.) Period of judicial stay extended until further order of the Court of Appeal December 4, 2002 Court of Appeal of Alberta(Wittman, Costigan and LoVecchio JJ.A.) Acquittal on s. 5(2) set aside and new trial ordered; appeal with respect to s. 7(1) dismissed March 25, 2003 Supreme Court of Canada(Arbour J.) Motion to extend time allowed May 20, 2003 Supreme Court of Canada Application for leave to appeal filedSeptember 29, 2003 APPLICATION FOR LEAVESEPTEMBER 29, 2003 / LE 29 SEPTEMBRE 2003 La juge en chef McLachlin et les juges Major et Fish Her Majesty the Queen v. (29569) Grant Wayne Krieger (Crim.) (Alta.) NATURE OF THE CASE Canadian Charter of Rights and Freedoms - Criminal law - Cannabis marihuana - Cultivation and trafficking - Accused cultivating cannabis marihuana for his own medical needs and supplying others as well - Trial judge finding that prohibition on production of cannabis marihuana infringing accused's s. 7 Charter rights and not saved by s. 1 - Whether the Court of Appeal erred in holding that s. 7 of the Charter guarantees the right to grow (and by implication, possess) marihuana, to anyone with a medical need for this drug - Whether the Court of Appeal erred in holding that, by reason of s. 7 of the Charter, to sustain the validity of the general prohibition on the production (and by implication, possession) of marihuana, the government of Canada is obliged to ensure a legal, safe, and reliable source and supply of this drug for anyone with a medical need for it - Controlled Drugs and Substances Act, S.C. 1996, c. 19, ss. 5(2), 7(1), 56. ADDENDUM: October 26, 2006 |
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