Case*Law Facts*
On July 31, 2000 in R.v. Parker the Ontario Court of Appeal declared the marihuana prohibitions invalid, and suspended the declaration of invalidity for*one year. The prohibition*would become invalid on Aug. 01, 2001.
[11] Accordingly, I would uphold the trial judge’s decision to stay the charges against Parker and I would dismiss that part of the Crown’s appeal. However, I disagree with Sheppard J.’s remedy of reading in a medical use exemption into the legislation. I agree with the Crown that this is a matter for Parliament. Accordingly, I would declare the prohibition on the possession of marihuana in the Controlled Drugs and Substances Act to be of no force and effect. However, since this would leave a gap in the regulatory scheme until Parliament could amend the legislation to comply with the Charter, I would suspend the declaration of invalidity for a year. During this period, the marihuana law remains in full force and effect. Parker, however, cannot be deprived of his rights during this year and therefore he is entitled to a personal exemption from the possession offence under the Controlled Drugs and Substances Act for possessing marihuana for his medical needs. Since the Narcotic Control Act has already been repealed by Parliament, there is no need to hold it unconstitutional. If necessary, I would have found that Parker was entitled to a personal exemption from the cultivation offence for his medical needs
