Court of Appeal

Judge:

The Honourable Justice J.E. (Ted) Scanlan

Appeal Heard:

September 23, 2011, in Halifax, Nova Scotia

Subject:

Appeal of decision of Supreme Court wherein the court ordered the Minister of Community Services to pay monies to the respondent in relation to marijuana she had purchased from the Cannabis Buyers’ Club of Canada.

Summary:

The respondent was prescribed medical marijuana which would entitle her to obtain “medical marijuana” pursuant to the relevant federal regulations.  She subsequently applied to have the Department of Community Services recognize marijuana as a “special need” pursuant to provincial legislation so that the Department of Community Services would pay for, or reimburse her, the cost of obtaining “medical marijuana”.  The Supreme Court determined that her “medical marijuana” was a “special need” within the meaning of the provincial regulations and ordered the Minister of Community Services to pay the costs of purchase.

There were two subsequent applications related to that original order. The record shows that the appellant was refusing to pay for marijuana that was not purchased in accordance with the federal legislative framework. The marijuana the respondent acquired from the Cannabis Buyers’ Club of Canada was not “medical marijuana” as that supplier did not qualify as a recognized supplier in accordance with the federal legislative scheme.

Issue:

Was the Minister required to reimburse the respondent for marijuana not purchased in accordance with the Marijuana Medical Access Regulations or the Controlled Drugs and Substances Act?

Result:

 The most recent order of the Supreme Court directed the Minister to pay in excess of $28,000 to the respondent in relation to the cost of marijuana she acquired through the Cannabis Buyers’ Club of Canada.  That decision failed to take into account the fact that the original order related only to “medical marijuana”. “Medical marijuana” has a specific meaning under the federal legislative scheme.  Any marijuana purchased outside that legislative scheme would be sold and possessed in contravention of the Controlled Drugs and Substances Act. It would be contrary to the proper administration of justice to order that the Minister of Community Services be required to fund the purchase of drugs not acquired in accordance with the legislative framework.

The most recent order requiring the Minister to pay monies in relation to drugs purchased from the Cannabis Buyers’ Club of Canada is set aside. The original order of the Supreme Court which recognized “medical marijuana” as a “special need” remains in effect as that issue was not before this Court on appeal. Any monies paid into court by the appellant in relation to this matter are to be returned forthwith.