Canada - Palimentary Acts & Regulations vs Ministerial Discretion

GrowMedicine

Active Member
Hi all, I thought I would post a very significant observation of the ACMPR gazetted regulations, which if you where a lawyer or student of regulation or policy, I guess you would already know. In the Liberal governments hurried and untraditional enactment of the ACMPR in Canadian law(?), they legally put in place the ACMPR, in a constitutional attempt to timely address the Allard Federal Court Decision outcome.

What I bring the readers attention to, is the reality of the continued attack by our Canadian government on our individual natural product medicine pursuit in Canada. The below wording clearly spells out in the government gazetted ACMPR, your protections as a medical patient that must not be infringed on withtout justifiable government reasoning, under Section 1 and 7 of our constitution.

The applicable ACMPR sections read,

"177 (1) An individual seeking a registration to produce cannabis for their own medical purposes or to have it produced for them by a designated person must submit to the Minister an application that includes the original of the applicant's medical document and the information and documents required by this section.

178 (1) Subject to sections 183 to 185, if the requirements of section 177 are met, the Minister must register the applicant.

(3) The Minister must
- (a) send a registration certificate to the registered person; and
- (b) send to the designated person, if any, a document containing information relating to the production by the designated person."

Why I post this is simple, I have never seen a regulation where a minister of Canada has 0% discretion to have an unfettered regulatory veto without argueable an influence; this is the first! Simply put, our medical marijuana access is Rights Based, this empty Rights Based constitutionally protected box can only be fettered by, constitutional ammendment and or a court of competent jurisditional. I see the later, occuring within two years of recreational marijuana legalization!

GM

P.S. I can draw a line between Aboriginal and Treaty Rights recognition and government abondament to this Section 7 Constitutional Right and fight by marijuana patients and users of same.
 
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