TobaGrown Will Join Quebec's Supreme Court Appeal, While Continuing Their Lawsuit Against the Manitoba Government's Ban on Home-grown Cannabis

Published: September 22, 2021

TobaGrown Will Join Quebec's Supreme Court Appeal, While Continuing Their Lawsuit Against the Manitoba Government's Ban on Home-grown Cannabis

Quebec’s Court of Appeal agreed with the Quebec Government’s ban on home-grown cannabis. This reversed the previous Superior Court ruling in 2019 which said the Quebec Government’s ban on home-grown cannabis was a violation of federal law.

“A provincial government that denies its citizens the right to grow their four federally legal cannabis plants is on a slippery slope to removing other personal freedoms,” said Dr. Av Singh, one of TobaGrown’s expert witnesses.

The outcome of Quebec’s lawsuit will hold substantial weight in the similar case in Manitoba, where Jesse Lavoie started the “TobaGrown Movement” and filed a lawsuit against the Manitoba Government’s ban on home-grown cannabis in August 2020. TobaGrown’s team now moves to enter this Quebec lawsuit as an intervenor.

“Maxime Guérin and his team have done a phenomenal job building a formidable case that I believe will be victorious in the Supreme Court. Maxime will have our full support and access to our research as we apply to intervene in their case and argue alongside them in the Supreme Court of Canada,” said Jesse Lavoie.

TobaGrown will be providing its full scope of research and affidavits from leading industry experts including Dr. Daniel Bear, Dr. Av Singh and Dr. Neil Boyd.

Dr. Daniel Bear, a Professor at Humber College in Toronto and member of the Global Cannabis Cultivation Research Consortium says, “The facts are very simple; allowing people to grow their own cannabis is safe and not responsible for any meaningful portion of black market cannabis. Those are the only two substantive arguments the governments of Manitoba and Quebec could come up with and they’re not supported by facts.”

Statistics Canada estimates Canada’s current population is 38,131,104 people, with roughly 9,968,427 people living in Manitoba and Quebec combined. That means 26% of Canadians are denied their federal right to grow four cannabis plants.

Quebec and Manitoba have offered no credible social, economic, legal or health reasons for defying the federal legislation,” said Dougald Lamont, Leader of the Manitoba Liberal Party and MLA for St. Boniface. “We know from experts and from the reality on the ground in other provinces that letting adults grow up to four cannabis plants is safe. It’s time to end the reefer madness in Quebec and Manitoba.”

The Manitoba case will likely have it’s initial proceedings in the Queen’s Bench early 2022, while the Supreme Court hearing for Quebec will be roughly 18 months from now.

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“I want to commend our lawyer, Daniel Chornopyski, for his dedication and the exceptional work he’s completed to date on our Manitoba case,” said Jesse Lavoie.