COURT GRANTS STAY PENDING APPEAL

TORONTO – June 22, 2011 – The Public Prosecution Service of Canada today confirmed that an application to stay the Ontario Superior Court decision in the case of R. v. Mernagh has been granted by the Court of Appeal for Ontario. The April 11, 2011 decision rendering invalid the Marihuana Medical Access Regulations (MMAR) and parts of the Controlled Drugs and Substances Act (CDSA) is suspended until a decision is rendered by the Court of Appeal.

On April 19, 2011, the PPSC filed a notice of appeal stating that the trial judge erred in law when he declared the entirety of the MMAR and the offences of possession and production of marihuana contained in sections 4 and 7 of the CDSA invalid. As a consequence of that declaration, the Court stayed the charges against the accused, Matthew Mernagh.

The declaration of invalidity was suspended for three months. Today’s decision extends the suspension until a decision is rendered by the Court of Appeal. No date has been set yet for the hearing.

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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