CONSTITUTIONAL LAW |
Charter of Rights |
Fundamental Freedoms |
Tucker v. Canada
T-1805-98
Sharlow J.
13/12/99
13 pp.
In amended statement of claim, plaintiffs, claiming to be ministers of Assembly of the Church of the Universe, seeking declaration provisions of Controlled Drugs and Substances Act pertaining to cannabis, marijuana and other substances unconstitutional, void--Plaintiffs claim their religion requiring use of marijuana--Crown filing motion to strike on basis Court lacks jurisdiction to grant remedies claimed, plaintiffs lack standing, amended claim not disclosing reasonable cause of action--Plaintiffs not seeking relief against federal board, commission, other tribunal--Therefore, procedural limitation in Federal Court Act, s. 18(3) inapplicable--Crown's jurisdictional argument could not justify striking entire action--Statement of claim not to be struck out for want of jurisdiction--Plaintiffs claiming to be directly affected by legislation as challenged law creates threat of prosecution affecting religious freedom--Plaintiffs having requisite standing to challenge law--Religious freedom, while important, not unfettered--Crown's position favoured by number of cases in which prohibition against possession of marijuana held not to infringe Charter, s. 7--Two cases allowing for "constitutional exemption" from marijuana laws on medical grounds--Motion to strike dismissed--Controlled Drugs and Substances Act, S.C. 1996, c. 19--Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 7--Federal Court Act, R.S.C., 1985, c. F-7, s. 18(3) (as am. by S.C. 1990, c. 8, s. 4).