Jesse Lavoie, a resident of Manitoba, faced disappointment as his constitutional challenge against the province’s restriction on homegrown cannabis was turned down. However, he remains determined to continue the fight in the arena of the law.
The bone of contention has existed for over three years, revolving around the legal scrutiny of Manitoba’s regulations on cannabis cultivation. The Canadian federal law generally permits the growth of up to four cannabis plants. However, Manitoba’s provincial legislation presents a stark contrast by prohibiting any at-home cultivation of non-medical cannabis.
Judge Shauna McCarthy of Manitoba Court of King’s Bench, singed the verdict last Friday, dismissing Lavoie’s challenge. McCarthy validated that Manitoba’s home cultivation prohibition isn’t beyond the province’s legislative jurisdiction.
It’s noteworthy to mention that the provincial restriction deviates from the federal government and the majority of other provinces’ approach. Regardless, McCarthy maintained that such divergence guards the public’s health and safety. The constructed decision is aimed at curbing cannabis accessibility by youth, and stifling the growth of the black market for homegrown cannabis.
A similar case was cited in the decision, where Quebec’s ban on personal possession and cultivation of cannabis plants faced constitutional challenge. The case escalated up to Canada’s Supreme Court, ultimately ruling the Quebec ban as constitutional.
Interestingly, Lavoie highlighted that unlike Manitoba’s legislation, Quebec’s ban intended to protect cannabis sales monopoly. “They hold control over the distribution centres and dispensaries,” he revealed in an interview with CTV News. In contrast, Manitoba harbours private cannabis dispensaries and distribution companies.
Undeterred by the dismissal, Lavoie announced his intention to appeal the decision. He and his lawyers are already in progress, meticulously crafting their appeal application. The document accentuates the distinction between Manitoba’s and Quebec’s cannabis regulations.
Lavoie expressed optimism that the newly-elected NDP provincial government might reconsider the legislation, and perhaps rescind the ban. In response to queries surrounding this dispute, a provincial spokesperson advised to address the question to the anticipated Manitoba’s Justice Minister, following their oath-taking ceremony.
The incoming Premier, Wab Kinew, is expected to take office along with his cabinet this coming Wednesday.
