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Thursday, November 21, 2024

Mikisew Cree First Nation v/s Canada - Legalization of recreational marijuana use

Posted in: Supreme Court
Tue, Apr 23, 19, 16:58, 6 Years ago
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On 17th October 2018, the Cannabis Act came into force and Canada became the largest country in the world with a legal marijuana marketplace.

Supreme Court Decision: Mikisew Cree First Nation v/s Canada
In October 2018, the Supreme Court of Canada ruled that Parliament does not have a dutyto consultwilh indigenous peoples when making laws. The case centered around whether the Crown had a duty to consult Indigenous peoples when introducing laws that may affect their treaty rights, and whether the courts had a role in enforcing it.

Specifically, the case was about a provision in the 2012 federal budget that the Mikisew Cree First Nation (a band whose traditional territory is mostly in north eastern Alberta) said would limit their rights to hunt, trap, and fish on their land.

The Mikisew held that the government had a legal duty to consult them, rooted in the honour of the Crown - which requires that the Crown act honourably towards Indigenous peoples. The majority of the Court said that the honour of the Crown was involved at the lawmaking stage in this case, and there is no binding duty to consult with Indigenous groups when making laws.
 

Legalisation of recreational marijuana use:

On 17th October 2018, the Cannabis Act came into force and Canada became the largest country in the world with a legal marijuana marketplace.

The same day, Minister of Public Safety and Emergency Preparedness, Hon. Ralph Goodale, MP, announced that the government intends to table legislation that will pardon Canadian who have past simple marijuana possession charges.

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