There have been an ongoing number of Constitutional challenges to the marijuana laws in Canada. Richard Cowan of Marijuana News reports:
The prohibitionists may not realize it yet, but this challenge is a mortal threat to cannabis prohibition. If the courts rule that the laws are invalid, the Canadian government would certainly try to rush through a new law, probably along the lines of the phony decrim bill currently tabled in the House, but it is extremely doubtful that it would pass in the Senate in its present form, and nothing would happen in the Senate for several months, at the soonest.In fact there has been a dance going on in Canadian Courts. First the laws were declared invalid and then the Court re-instated them. Judge made law? Evidently it is not just a USA problem.
Have the laws against marijuana already fallen? In a motion filed in BC Supreme Court and scheduled today to be heard on March 3rd, Michele Kubby will ask the court a simple question: "On what authority can any court in Canada enact a law so as to replace a law that has officially been declared unconstitutional and of no force and effect?"Marijuana news has more with a whole series of links to previous court documents on the subject.
According to documents filed with her motion, Mrs. Kubby is arguing that the Canadian government has already agreed in Parker and other cases that the laws against cannabis have fallen, but insists that the new medical cannabis regulations "fix" the unconstitutional laws against cannabis. In fact, the Crown has dismissed over 4000 cases as a result of the Parker decision. Mrs. Kubby asserts that in the absence of a valid law prohibiting the possession of marihuana, the various "fixes" of the Medical Marihuana Access Regulations promulgated in 2001-2003 & 2004 are null, void and without underpinning.
BTW the Michelle Kubby mentioned in the article is a fugitive from American injustice. Her husband Steve ran for Governor of California on the Libertarian ticket in 1998. I think his prosecution was politically motivated.
Go read the whole thing.