October 17, 2018, the date that adult-use cannabis will become legalized in Canada, is just on the horizon. What many people do not realize is that medical-use cannabis has been legal in Canada for over 18 years. This month we look back at the long road to legalization that was built on the backs of courageous activists, lawyers, judges and politicians.
2000 – R. v. Parker
On July 31, 2000, the Ontario Court of Appeal set in motion our country’s path towards legalization. Terrance Parker suffered from a severe form of epilepsy since he was a young child. Using medical cannabis was the only successful means by which Terrance
could reduce the incidence of his seizures. Arrested and charged with cultivating marijuana, Terrance argued that to prohibit him from accessing medical cannabis violated his Charter rights to liberty and security of the person. The Ontario Court of Appeal agreed, ruled that the prohibition on the possession of marijuana in the Controlled Drugs and Substances Act to be of no force or effect and suspended the declaration of invalidity for one year to allow Parliament the opportunity to craft new legislation.
2001 – Marihuana Medical Access Regulations (“MMAR”)
In response to the Parker decision, the Federal Government enacted the MMAR on June 14, 2001. The MMAR permitted
June 14, 2001. The MMAR permitted individuals who had the support of a medical
The Road to Legalization
Matt Maurer LLB
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