Provincial Rights?

[webc5]

In the states Marijuana is illegal, but in some states it's legal due to state rights. Does Canada have provincial rights?

[cybercoma]

The Controlled Drugs and Substances Act is federal jurisdiction because it is criminal law. The provinces have no jurisdiction.

The provinces do, however, control the administration of justice. They decide how and where to spend money on policing criminal behaviours and the provincial crown attorneys decide when to lay charges and bring cases to court. In theory, the provinces could stop spending money on policing services that target "controlled drugs and substances" thereby rendering the statute moot.

It's unclear how this would stand up to a Supreme Court Challenge by the feds. It's an interesting cross-jurisdictional area, where the province controls the funding for policing and administration of federal statutes. The feds will say they have to police it, while the provinces will claim that they get to decide when and where to spend their finances.

Edited October 24, 2014 by cybercoma

[cybercoma]

Short answer:

Federal government has a right to create criminal law.
Provincial government has a right to control policing and the administration of justice in the province (that's why each province has a separate Police Act).

[Scared.In.Canada]

In every other part of the world a state is a country. This is the pronciple that the United States of America was founded on. That each state would be free to regulate their own laws and such. Canada wasn't formed in this fashion.

This is a good reason why the US citizens are much more independant and less dependant on their governments then we are. We need to be treated like babies up here why they can do it for themselves.

[Derek 2.0]

The Controlled Drugs and Substances Act is federal jurisdiction because it is criminal law. The provinces have no jurisdiction.

Is that the case with medical marijuana?

[jacee]

Is that the case with medical marijuana?

Yes it's federally regulated.

http://www.cbc.ca/m/news/canada/medical-marijuana-new-rules-and-a-ton-of-confusion-1.2588779

.

Edited October 24, 2014 by jacee

[Topaz]

I would say it all depends on who the federal govern party is and who the provincial party is and how willingly they are in working with EACH OTHER.

[cybercoma]

Is that the case with medical marijuana?

That's the case with all controlled substances, including prescribed medications. If you're leading up to questions about InSite, the information is out there about their court challenges and why they're able to do what they do.

[Derek 2.0]

That's the case with all controlled substances, including prescribed medications. If you're leading up to questions about InSite, the information is out there about their court challenges and why they're able to do what they do.

That I did not know.........InSite didn't even cross my mind on this topic to tell you the truth.

[cybercoma]

It's relevant because they're side-stepping the controlled substances act as a medical rehab centre. They don't provide the drugs though and the province controls policing, so that's how they get around it.