Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
39906
Janick Murray-Hall v. Attorney General of Quebec
(Quebec) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-04-14 | Appeal closed | |
| 2023-04-14 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2023-04-14 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2023-04-14 |
Judgment on the appeal rendered, CJ Ka Côt Br Row Mar Kas Ja Ob, The appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-09-010109-194, 2021 QCCA 1325, dated September 2, 2021, heard on September 15, 2022, is dismissed. The parties will each bear their own costs in this Court and in the courts below. Dismissed, costs on a party and party basis |
|
| 2023-01-13 | Transcript received, 151 pages | |
| 2022-09-15 | Judgment reserved OR rendered with reasons to follow | |
| 2022-09-15 |
Hearing of the appeal, 2022-09-15, CJ Ka Côt Br Row Mar Kas Ja Ob Judgment reserved |
|
| 2022-09-08 | Intervener's condensed book, (Book Form), (Printed version due on 2022-09-15) | Cannabis Council of Canada and Quebec Cannabis Industry Association |
| 2022-09-08 | Intervener's condensed book, (Book Form) | Canadian Cancer Society |
| 2022-09-08 | Appellant's condensed book, (Book Form), (Printed version due on 2022-09-15) | Janick Murray-Hall |
| 2022-09-08 | Respondent's condensed book, (Book Form), (Printed version due on 2022-09-15) | Attorney General of Quebec |
| 2022-08-22 | Intervener's book of authorities, (Book Form), Completed on: 2022-08-24, (Printed version filed on 2022-08-25) | Canadian Cancer Society |
| 2022-08-22 | Intervener's factum, (Book Form), Completed on: 2022-08-24, (Printed version filed on 2022-08-25) | Canadian Cancer Society |
| 2022-08-22 | Intervener's factum, (Book Form), Completed on: 2022-08-24, (Printed version filed on 2022-09-01) | Cannabis Amnesty |
| 2022-08-22 | Intervener's factum, (Book Form), Completed on: 2022-08-24, (Printed version filed on 2022-08-25) | Cannabis Council of Canada and Quebec Cannabis Industry Association |
| 2022-08-22 | Intervener's book of authorities, (Book Form), Completed on: 2022-08-24, (Printed version filed on 2022-08-22) | Attorney General of Manitoba |
| 2022-08-22 | Intervener's factum, (Book Form), Completed on: 2022-08-24, (Printed version filed on 2022-08-22) | Attorney General of Manitoba |
| 2022-08-22 | Intervener's book of authorities, (Book Form), Completed on: 2022-08-24, (Printed version filed on 2022-08-22) | Attorney General of Alberta |
| 2022-08-22 | Intervener's factum, (Book Form), Completed on: 2022-08-24, (Printed version filed on 2022-08-22) | Attorney General of Alberta |
| 2022-08-22 | Intervener's factum, (Book Form), Completed on: 2022-08-24, (Printed version filed on 2022-08-22) | Attorney General of Saskatchewan |
| 2022-08-22 | Intervener's factum, (Book Form), Completed on: 2022-08-24, (Printed version filed on 2022-08-22) | Attorney General of British Columbia |
| 2022-08-19 | Intervener's factum, (Book Form), Completed on: 2022-08-19, (Printed version filed on 2022-08-19) | Attorney General of Ontario |
| 2022-08-17 | Correspondence (sent by the Court) to, Letter of direction regarding Attorney General of Saskatchewan's virtual appearance | |
| 2022-08-17 | Correspondence (sent by the Court) to, Letter of direction regarding Attorney General of Alberta's virtual appearance | |
| 2022-08-17 | Correspondence (sent by the Court) to, Letter of direction regarding Attorney General of British Columbia's virtual appearance | |
| 2022-08-17 | Correspondence received from, Request that counsel for the intervener, Attorney General of British Columbia, be permitted to appear virtually at the hearing | Attorney General of British Columbia |
| 2022-08-16 | Intervener's factum, (Book Form), Completed on: 2022-08-19, (Printed version filed on 2022-08-17) | Canadian Association for Progress in Justice |
| 2022-08-16 | Correspondence received from, (Letter Form), Request that counsel for the intervener, Attorney General of Alberta, be permitted to appear virtually at the hearing , (Printed version due on 2022-08-23) | Attorney General of Alberta |
| 2022-08-16 | Correspondence received from, (Letter Form), Request that counsel for the intervener, Attorney General of Saskatchewan be permitted to appear virtually at the hearing , (Printed version due on 2022-08-23) | Attorney General of Saskatchewan |
| 2022-08-16 | Correspondence (sent by the Court) to, Letter of direction regarding Attorney General of Ontario's virtual appearance | |
| 2022-08-16 | Correspondence (sent by the Court) to, Letter of direction regarding Attorney General of Manitoba's virtual appearance | |
| 2022-08-16 | Correspondence (sent by the Court) to, Correspondence, draft counsel sheet, seating chart | |
| 2022-08-16 |
Notice of appearance, (Letter Form), Maxime Guérin and Christian Saraïlis will appear before the Court; Counsel Guérin will provide oral argument. (amended rec'd 2022-09-15), (Printed version due on 2022-08-23) |
Janick Murray-Hall |
| 2022-08-12 |
Notice of appearance, (Appearing virtually): Thomson Irvine, Q.C. (presenting oral argument); and Noah Wernikowski |
Attorney General of Saskatchewan |
| 2022-08-10 | Correspondence received from, (Letter Form), (Included in the notice of appearance), Request that counsel for the Attorney General of Ontario be permitted to appear virtually, (Printed version due on 2022-08-17) | Attorney General of Ontario |
| 2022-08-10 |
Notice of appearance, Both Mr. Cunningham and Mr. Toban will be present in person at the hearing. Mr. Cunningham will present oral arguments. |
Canadian Cancer Society |
| 2022-08-10 | Notice of appearance, Adam Goldenberg and Holly Kallmeyer, and Simon Bouthillier will appear at the hearing. Adam Goldenberg will present oral argument. | Cannabis Council of Canada and Quebec Cannabis Industry Association |
| 2022-08-10 |
Notice of appearance, (Letter Form), Counsel for Ontario will appear virtually, and oral argument will be presented by Hera Evans., (Printed version due on 2022-08-17) |
Attorney General of Ontario |
| 2022-08-10 |
Notice of appearance, Kathryn Hart and Deborah Carlson will appear before the Court. Kathryn Hart will present oral argument. |
Attorney General of Manitoba |
| 2022-08-05 |
Order by, Reg, IT IS HEREBY ORDERED THAT: Pursuant to Rule 6(1) of the Rules of the Supreme Court of Canada: Any attorney general intervening in this appeal under Rule 33(4) of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities, if any, on or before August 22, 2022. Judgment accordingly |
|
| 2022-08-04 | Notice of appearance, (Letter Form), David Kamal and Nathaniel Gartke will appear before the Court. David Kamal will present oral argument., (Printed version due on 2022-08-11) | Attorney General of Alberta |
| 2022-08-04 | Notice of appearance, (Letter Form), Olga Redko and Ryan Dalziel, Q.C. will appear before the Court. Olga Redko will present oral argument., (Printed version due on 2022-08-11) | Canadian Association for Progress in Justice |
| 2022-08-04 |
Notice of appearance, (Letter Form), Ren Bucholz and Annamaria Enenajor will appear before the Court. Ren Bucholz will present oral argument. , (Printed version due on 2022-08-11) |
Cannabis Amnesty |
| 2022-08-03 | Correspondence received from, (Letter Form), Request that counsel for the Attorney General of Manitoba be permitted to appear virtually, (Printed version due on 2022-08-10) | Attorney General of Manitoba |
| 2022-07-26 |
Notice of appearance, (Letter Form), Jonathan Penner and Robert Dannay will be appearing before the Court. Jonathan Penner will present oral argument. require: amended notice of appearance indicating which counsel is presenting oral argument (rec'd 2022-07-29), (Printed version due on 2022-08-03) |
Attorney General of British Columbia |
| 2022-07-25 | Respondent's book of authorities, (Book Form), Completed on: 2022-07-29, (Printed version filed on 2022-07-25) | Attorney General of Quebec |
| 2022-07-25 | Respondent's factum, (Book Form), Completed on: 2022-07-29, (Printed version filed on 2022-07-25) | Attorney General of Quebec |
| 2022-07-25 | Notice of appearance, (Letter Form), Me Patricia Blair and Me Frédéric Perrault will appear before the Court. Me Blair will present oral arguments. , (Printed version due on 2022-08-02) | Attorney General of Quebec |
| 2022-07-21 | Correspondence (sent by the Court) to, all parties, signed by Registrar, Re: directives for appeal hearings | |
| 2022-07-18 | Order on motion for leave to intervene, by KARAKATSANIS J. | |
| 2022-07-18 |
Decision on the motion for leave to intervene, Ka, UPON APPLICATIONS by Canadian Association for Progress in Justice; Canadian Cancer Society; Jesse Lavoie; Cannabis Amnesty; and Cannabis Council of Canada and Quebec Cannabis Industry Association (jointly) for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene by Jesse Lavoie is dismissed. The motions for leave to intervene by Canadian Association for Progress in Justice, Canadian Cancer Society, Cannabis Amnesty, and Cannabis Council of Canada and Quebec Cannabis Industry Association (jointly) are granted, and the said four (4) interveners or groups of interveners shall each be entitled to serve and file a factum not to exceed ten (10) pages in length and book of authorities, if any, on or before August 22, 2022. The said four (4) interveners or groups of interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The said interveners or groups of 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 or groups of interveners shall pay to the appellant and the respondent any additional disbursements resulting from their interventions. AND IT IS HEREBY FURTHER ORDERED THAT: The Attorney General of Ontario, the Attorney General of Manitoba, the Attorney General of British Columbia, the Attorney General of Saskatchewan and the Attorney General of Alberta are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2022-07-18 | Submission of motion for leave to intervene, Ka | |
| 2022-07-14 | Response to the motion for leave to intervene, (Letter Form), Email advising us that the appellant does not oppose the motions for leave to intervene., Completed on: 2022-07-18, (Printed version due on 2022-07-21) | Janick Murray-Hall |
| 2022-07-08 | Notice of change of counsel, (Letter Form), David Kamal and Nate Gartke will be handling Alberta’s intervention., (Printed version due on 2022-07-15) | Attorney General of Alberta |
| 2022-07-08 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-07-11, (Printed version due on 2022-07-15) | Attorney General of Quebec |
| 2022-06-29 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-07-04) | Cannabis Council of Canada and Quebec Cannabis Industry Association |
| 2022-06-29 | Notice of name, (Letter Form), (Printed version filed on 2022-07-04) | Cannabis Council of Canada and Quebec Cannabis Industry Association |
| 2022-06-29 | Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2022-07-04) | Cannabis Council of Canada and Quebec Cannabis Industry Association |
| 2022-06-29 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-07-07) | Cannabis Amnesty |
| 2022-06-29 | Notice of name, (Letter Form), (Printed version due on 2022-07-07) | Cannabis Amnesty |
| 2022-06-29 | Motion for leave to intervene, (Book Form), Missing: Filling Fee, Incomplete, (Printed version filed on 2022-06-30) | Cannabis Amnesty |
| 2022-06-29 | Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2022-06-30) | Jesse Lavoie |
| 2022-06-29 | Notice of name, (Letter Form), (Printed version filed on 2022-07-05) | Canadian Cancer Society |
| 2022-06-29 | Motion for leave to intervene, (Book Form), Missing: Filing fee (rec' 07/04/22), Completed on: 2022-07-06, (Printed version filed on 2022-07-05) | Canadian Cancer Society |
| 2022-06-28 | Notice of name, (Letter Form), (Printed version filed on 2022-06-30) | Canadian Association for Progress in Justice |
| 2022-06-28 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 07/04/22), Completed on: 2022-06-29, (Printed version filed on 2022-06-30) | Canadian Association for Progress in Justice |
| 2022-06-01 | Certificate of counsel (attesting to record), (Letter Form), 24A, (Printed version filed on 2022-06-01) | Janick Murray-Hall |
| 2022-06-01 | Appellant's book of authorities, (Book Form), Completed on: 2022-06-15, (Printed version filed on 2022-06-01) | Janick Murray-Hall |
| 2022-06-01 | Appellant's record, (Book Form), (18 volumes), Completed on: 2022-06-15, (Printed version filed on 2022-06-01) | Janick Murray-Hall |
| 2022-06-01 | Appellant's factum, (Book Form), Completed on: 2022-06-15, (Printed version filed on 2022-06-01) | Janick Murray-Hall |
| 2022-05-17 | Notice of hearing sent to parties, (sent by email) | |
| 2022-05-17 |
Appeal hearing scheduled, 2022-09-15 Judgment reserved |
|
| 2022-05-13 | Notice of intervention respecting a constitutional question, Completed on: 2022-05-16 | Attorney General of Manitoba |
| 2022-05-13 | Notice of intervention respecting a constitutional question, Completed on: 2022-05-16 | Attorney General of Alberta |
| 2022-05-13 | Notice of intervention respecting a constitutional question, Completed on: 2022-05-16 | Attorney General of Saskatchewan |
| 2022-05-12 | Notice of intervention respecting a constitutional question, Completed on: 2022-05-13 | Attorney General of British Columbia |
| 2022-05-05 | Order on motion to extend time, by Chantal Carbonneau | |
| 2022-05-05 |
Decision on motion to extend time, Reg, UPON APPLICATION by the appellant for an order extending the time to serve and file his notice of constitutional question; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. The time to serve and file the notice of constitutional question is extended to May 3, 2022. Granted |
|
| 2022-05-05 | Submission of motion to extend time, Reg | |
| 2022-05-03 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-05-04, (Printed version due on 2022-05-10) | Attorney General of Ontario |
| 2022-05-03 | Correspondence (sent by the Court) to, Letters of direction relating to upcoming hearing | |
| 2022-05-03 | Correspondence received from, (Letter Form), RE: Motion for Extension of Time (Notice of Constitutional Question), (Printed version filed on 2022-05-12) | Attorney General of Quebec |
| 2022-04-19 |
Motion to extend time, (Letter Form), Motion to extend time to serve and file a Notice of Constitutional Question Missing: Filing Fee (rec' 05/06/22), Completed on: 2022-05-11, (Printed version filed on 2022-04-29) |
Janick Murray-Hall |
| 2022-04-13 | Notice of constitutional question(s), (Letter Form), Missing: Motion for an Extension of Time (rec' 04/19/22), Completed on: 2022-04-29, (Printed version filed on 2022-04-29) | Janick Murray-Hall |
| 2022-04-06 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-04-13) | Janick Murray-Hall |
| 2022-04-06 | Notice of appeal, (Letter Form), Completed on: 2022-04-29, (Printed version filed on 2022-04-08) | Janick Murray-Hall |
| 2022-03-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-03-10 | Judgment on leave sent to the parties | |
| 2022-03-10 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-09-010109-194, 2021 QCCA 1325, dated September 2, 2021, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2022-02-07 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-01-20 | Certificate (on limitations to public access), 23A, (Printed version filed on 2022-01-21) | Attorney General of Quebec |
| 2022-01-20 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-02-04, (Printed version filed on 2022-01-21) | Attorney General of Quebec |
| 2021-12-10 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-12-10 | |
| 2021-12-09 |
Certificate (on limitations to public access), Amended 23A rec'd on 13-12-2021 and proof of service rec'd on 14-12-1021. 23A |
Janick Murray-Hall |
| 2021-10-28 |
Application for leave to appeal, (Book Form), Signed CA and Trial Judgments rec'd on 2021-12-09 Amended 23A rec'd on 13-12-2021 along with proof of service , Completed on: 2021-12-14, (Electronic version filed on 2021-11-15) |
Janick Murray-Hall |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Murray-Hall, Janick | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Quebec | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| Attorney General of Manitoba | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Attorney General of Saskatchewan | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| Canadian Association for Progress in Justice | Intervener | Active |
| Canadian Cancer Society | Intervener | Active |
| Cannabis Amnesty | Intervener | Active |
| Cannabis Council of Canada and Quebec Cannabis Industry Association | Intervener | Active |
Counsel
Party: Murray-Hall, Janick
Counsel
Maxime Guérin
Christian Sarailis
Christian Sarailis
Saraïlis Avocats
686, Grande-Allée Est
bureau 301
Québec, Quebec
G1R 2K5
Telephone: (418) 780-3880
FAX: (418) 780-3881
Email: Maxime.guerin@sarailis.ca
686, Grande-Allée Est
bureau 301
Québec, Quebec
G1R 2K5
Telephone: (418) 780-3880
FAX: (418) 780-3881
Email: Maxime.guerin@sarailis.ca
Party: Attorney General of Quebec
Counsel
Patricia Blair
Romy Daigle
Frédéric Perreault
Romy Daigle
Frédéric Perreault
Lavoie, Rousseau
Justice Québec
300, boul. Jean-Lesage, bureau 1.03
Québec, Quebec
G1K 8K6
Telephone: (418) 649-3524 Ext: 42635
FAX: (418) 646-1656
Email: Lavoie-rousseau@justice.gouv.qc.ca
Justice Québec
300, boul. Jean-Lesage, bureau 1.03
Québec, Quebec
G1K 8K6
Telephone: (418) 649-3524 Ext: 42635
FAX: (418) 646-1656
Email: Lavoie-rousseau@justice.gouv.qc.ca
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
225, montée Paiment
2e étage
Gatineau, Quebec
J8P 6M7
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
225, montée Paiment
2e étage
Gatineau, Quebec
J8P 6M7
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Attorney General of Ontario
Counsel
S. Zachary Green
Hera Evans
Hera Evans
Attorney General of Ontario
720 Bay Street, 4th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 992-2327
FAX: (416) 326-4015
Email: zachary.green@ontario.ca
720 Bay Street, 4th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 992-2327
FAX: (416) 326-4015
Email: zachary.green@ontario.ca
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Attorney General of British Columbia
Counsel
Jonathan G. Penner
Robert Danay
Robert Danay
Attorney General of British Columbia
Legal Services Branch / Ministry of Attorney General
P.O. Box 9280 Stn Prov Govt
Victoria, British Columbia
V8W 9J7
Telephone: (250) 952-0122
FAX: (250) 356-9154
Email: jonathan.penner@gov.bc.ca
Legal Services Branch / Ministry of Attorney General
P.O. Box 9280 Stn Prov Govt
Victoria, British Columbia
V8W 9J7
Telephone: (250) 952-0122
FAX: (250) 356-9154
Email: jonathan.penner@gov.bc.ca
Agent
Dahlia Shuhaibar
Olthuis Van Ert
66 Lisgar Street
Ottawa, Ontario
K2P 0C1
Telephone: (613) 501-5350
Email: dshuhaibar@ovcounsel.com
66 Lisgar Street
Ottawa, Ontario
K2P 0C1
Telephone: (613) 501-5350
Email: dshuhaibar@ovcounsel.com
Party: Attorney General of Saskatchewan
Counsel
Thomson Irvine, K.C.
Noah Wernikowski
Noah Wernikowski
Attorney General for Saskatchewan
Constitutional Law Branch
820 - 1874 Scarth Street
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 787-6307
FAX: (306) 787-9111
Email: tom.irvine@gov.sk.ca
Constitutional Law Branch
820 - 1874 Scarth Street
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 787-6307
FAX: (306) 787-9111
Email: tom.irvine@gov.sk.ca
Agent
D. Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Attorney General of Alberta
Counsel
David N. Kamal
Nathaniel Gartke
Nathaniel Gartke
Attorney General of Alberta
Constitutional and Aboriginal Law Team
1000, 10025 -102A Avenue
Edmonton, Alberta
T5J 2Z2
Telephone: (780) 427-4418
FAX: (780) 643-0852
Email: david.kamal@gov.ab.ca
Constitutional and Aboriginal Law Team
1000, 10025 -102A Avenue
Edmonton, Alberta
T5J 2Z2
Telephone: (780) 427-4418
FAX: (780) 643-0852
Email: david.kamal@gov.ab.ca
Agent
D. Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Attorney General of Manitoba
Counsel
Michael Conner
Kathryn Hart
Kathryn Hart
Attorney General of Manitoba
Constitutional Law
1230 - 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 391-0767
FAX: (204) 945-0053
Email: michael.conner@gov.mb.ca
Constitutional Law
1230 - 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 391-0767
FAX: (204) 945-0053
Email: michael.conner@gov.mb.ca
Agent
D. Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Canadian Association for Progress in Justice
Counsel
Olga Redko
Ryan D.W. Dalziel, K.C.
Ryan D.W. Dalziel, K.C.
IMK LLP
Place Alexis Nihon, Tower 2
3500 De Maisonneuve Blvd. West, Suite 1400
Montréal, Quebec
H3Z 3C1
Telephone: (514) 934-7742
FAX: (514) 935-2999
Email: oredko@imk.ca
Place Alexis Nihon, Tower 2
3500 De Maisonneuve Blvd. West, Suite 1400
Montréal, Quebec
H3Z 3C1
Telephone: (514) 934-7742
FAX: (514) 935-2999
Email: oredko@imk.ca
Party: Canadian Cancer Society
Counsel
Robert Cunningham
Canadian Cancer Society
116 Albert Street, Suite 500
Ottawa, Ontario
K1P 5G3
Telephone: (613) 726-4624
Email: rob.cunningham@cancer.ca
116 Albert Street, Suite 500
Ottawa, Ontario
K1P 5G3
Telephone: (613) 726-4624
Email: rob.cunningham@cancer.ca
Agent
Sophie Arseneault
Fasken Martineau DuMoulin LLP
55 rue Metcalfe
Bureau 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6904
FAX: (613) 230-6423
Email: sarseneault@fasken.com
55 rue Metcalfe
Bureau 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6904
FAX: (613) 230-6423
Email: sarseneault@fasken.com
Party: Cannabis Amnesty
Counsel
Ren Bucholz
Paliare Roland Rosenberg Rothstein LLP
155 Wellington St. W.
35th Floor
Toronto, Ontario
M5V 3H1
Telephone: (416) 646-6303
FAX: (416) 646-4301
Email: ren.bucholz@paliareroland.com
155 Wellington St. W.
35th Floor
Toronto, Ontario
M5V 3H1
Telephone: (416) 646-6303
FAX: (416) 646-4301
Email: ren.bucholz@paliareroland.com
Agent
Jonathan Laxer
Power Law
50 rue O’Connor
Bureau 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 907-5652
FAX: (613) 907-5652
Email: jlaxer@powerlaw.ca
50 rue O’Connor
Bureau 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 907-5652
FAX: (613) 907-5652
Email: jlaxer@powerlaw.ca
Party: Cannabis Council of Canada and Quebec Cannabis Industry Association
Counsel
Adam Goldenberg
Holly Kallmeyer
Simon Bouthillier
Holly Kallmeyer
Simon Bouthillier
McCarthy Tétrault LLP
Suite 5300, Toronto Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7821
FAX: (416) 868-0673
Email: agoldenberg@mccarthy.ca
Suite 5300, Toronto Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7821
FAX: (416) 868-0673
Email: agoldenberg@mccarthy.ca
Summary
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
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
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
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
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
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Date modified: 2025-02-27