CROWN APPEALS MERNAGH DECISION

TORONTO – April 19, 2011 – The Public Prosecution Service of Canada today announced that it has filed a notice of appeal in respect of the decision released April 11, 2011, in Ontario Superior Court in R. v. Mernagh.

The notice of appeal states that the trial judge erred in law in declaring that the Marihuana Medical Access Regulations and ss. 4 and 7 of the Controlled Drugs and Substances Act are constitutionally invalid and of no force and effect.

The decision to appeal is guided by policy outlined in the Federal Prosecution Service Deskbook, which is a public document.

The Public Prosecution Service of Canada is responsible for prosecuting offences under federal jurisdiction in a manner that is free of any improper influence and that respects the public interest. The PPSC is also responsible for providing prosecution-related advice to law enforcement agencies across Canada.

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