IN THE SUPREME COURT OF NOVA SCOTIA
Citation: R v. Caldwell, 2008 NSSC 67
Date: 20080305
Docket: 282722
Registry: Kentville
Between:
Her Majesty the Queen
Plaintiff
v.
Terry Ernest Caldwell
Defendant
LIBRARY HEADING
Judge: The Honourable Justice Gregory M. Warner
Heard: February 27th, 2008, in Kentville, Nova Scotia
Written Decision: March 7th, 2008 (Oral Decision rendered on March 5th, 2008)
Subject: Section 7 Charter challenge to CDSA charges
Summary: Accused is charged with possession for the purpose of trafficking and cultivating marihuana as a result of the search of his residence in November 2006. He has three serious medical conditions and uses marihuana to deal with them. After the search, he commenced an application to possess and cultivate marihuana with the assistance of his supporting physician. He did not complete the application process. He challenges the constitutionality of the charges under Section 7 of the Charter, relying on declaration by some other Courts that the Marihuana Medical Access Regulations (MMAR) do not adequate provide legal access to marihuana for those who need it for medical purposes.
Issues: 1. Is the Accused’s right to liberty and security of the person under Section 7 of the Charter engaged by CDSA?
2. Do the MMAR, as presently implemented by state policy, satisfy the principles of fundamental justice?
Results: 1. The Accused’s right to liberty and security of the person under Section 7 is engaged by the CDSA.
2. There was no evidence to this Court that the MMAR, as presently implemented by Government policy, arbitrarily, that is, contrary to the principles of fundamental justice, restrict the accused access to obtain authority to possess and produce marihuana for medical purposes, or his access to a legal supply of marihuana. The Court rejected the analysis in recent decisions in Long (OCJ) and Sfetkopoulos (FC).
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.