Appeal Court Overturns Decision in R. v. Mernagh
Toronto – February 1, 2013 – The Ontario Court of Appeal released its decision today in the case of R. v. Mernagh. The Court ruled that the trial judge erred in declaring the Marihuana Medical Access Regulations, and prohibitions against the possession and production of cannabis (marihuana) contained in sections 4 and 7 of the Controlled Drugs and Substances Act, constitutionally invalid and of no force and effect.
The Court also overturned the permanent stay of the charge against Matthew Mernagh for production of marihuana and ordered a new trial.
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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