Drug legislation in Canada is complex with four main pieces of legislation governing drug offences and processes. Most of us educated in the Canadian public school system have been told to say no to drugs. It is a slogan often stuck on the back of bathroom stall doors in bright coloured posters. … [Read more...]
A Brief History of Drug Criminalization in Canada
Canada's legal history of drugs has evolved since the late 1800s, coming almost full circle with current calls to decriminalize possession for personal use. As I write this short history of the criminalization of drugs in Canada, the federal and British Columbia governments have announced that in … [Read more...]
Decriminalization of Drugs in Canada: What does it mean and how would it work?
Drug policy is changing in Canada, with Bill C-5 and requests for exemptions under section 56(1) of the Controlled Drugs and Substances Act. There is a growing acknowledgement in Canada that drug use is a health issue and not a criminal justice problem. This is an important distinction given the … [Read more...]
Drug Decriminalization: How attitudes toward drugs are changing the social and legal landscape
Today, attention is on decriminalizing possession of “harder” substances, with an emphasis on compassion, care and support for people who use drugs. Attitudes toward drug use are changing. Gone are the days of “Reefer Madness” of the 1930s and “dope fiend” references finding their way into … [Read more...]
Legalizing Marijuana Use in Canada: Some Concerns
The possession of marijuana in Canada is unlawful under the Controlled Drugs and Substances Act, SC 1996, c 19 (CDSA), but the use of marijuana is legalized for medical purposes under the Marijuana for Medical Purposes Regulations, SOR/2013-119 (“MMPR”). However, as far back as 2013, Canada’s … [Read more...]
What ever happened to … The Law of Sniffer Dog Searches: Part 2
Introduction: The Flux of Law This article illustrates how quickly and remarkably the common law can adjust when judicial principles change and when new judges are appointed to the Supreme Court of Canada. The common law is generally intended to endure. Judges describe what they do as not … [Read more...]
Whatever Happened to … The Law of Sniffer Dog Searches
When does a sniff amount to an illegal search? The Supreme Court of Canada recently weighed in on this question and the decision changes the law in Canada from what it had previously been. What was the law prior to the recent decision? Assume you are walking along the street or are on public … [Read more...]
