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R v Malmo-Levine; R v Caine
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R v Malmo-Levine; R v Caine
R v Malmo-Levine; R v Caine [2003] 3 S.C.R. 571, 2003 SCC 74, is a Supreme Court of Canada decision that Parliament had the authority to criminalize the possession and trafficking of marijuana, and that power did not infringe on the section 7 of the Canadian Charter of Rights and Freedoms.
The Court found the harm principle is not a fundamental aspect of natural justice in Canada relevant to section 7 of the Charter.
The decision involves two cases. The first was where David Malmo-Levine, a "marijuana/freedom activist", ran an organization in East Vancouver called the "Harm Reduction Club", which attempts to reduce the harm associated with marijuana use by educating users and the public about the drug and provide the drug at cost. In December 1996 the police raided the Harm Reduction Club and seized 316 grams of marijuana charging Malmo-Levine with possession for the purpose of trafficking.
The second case involved the 1993 arrest of Victor Caine for possession of marijuana. Caine was in his van by the ocean when two RCMP officers approached him. He was stopped and a 0.5 gram were found in his possession.
Both Caine and Malmo-Levine challenged the constitutionality of the criminalization of marijuana under the Narcotics Control Act.
Malmo-Levine's argument focused on whether there should be a requirement of harm for criminal law. He argued that the constitutional power to enact criminal law under section 91(27) of the Constitution Act, 1867 is limited to conduct that causes harm. He further argued that the "harm principle" should be a principle of fundamental justice under section 7 of the Canadian Charter of Rights and Freedoms.
Malmo-Levine and Caine appealed the decision of the British Columbia Court of Appeals to the Supreme Court of Canada which heard the case on May 6, 2003. On December 23, 2003, Justice Charles Gonthier and Ian Binnie jointly authored the majority decision.
Gonthier and Binnie JJ., writing the majority, rejected all the arguments for the requirements of harm under section 91(27) of the Constitution Act, 1867 and section 7 of the Charter. They held that Parliament need not establish harm but only a reasonable apprehension of harm.
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R v Malmo-Levine; R v Caine
R v Malmo-Levine; R v Caine [2003] 3 S.C.R. 571, 2003 SCC 74, is a Supreme Court of Canada decision that Parliament had the authority to criminalize the possession and trafficking of marijuana, and that power did not infringe on the section 7 of the Canadian Charter of Rights and Freedoms.
The Court found the harm principle is not a fundamental aspect of natural justice in Canada relevant to section 7 of the Charter.
The decision involves two cases. The first was where David Malmo-Levine, a "marijuana/freedom activist", ran an organization in East Vancouver called the "Harm Reduction Club", which attempts to reduce the harm associated with marijuana use by educating users and the public about the drug and provide the drug at cost. In December 1996 the police raided the Harm Reduction Club and seized 316 grams of marijuana charging Malmo-Levine with possession for the purpose of trafficking.
The second case involved the 1993 arrest of Victor Caine for possession of marijuana. Caine was in his van by the ocean when two RCMP officers approached him. He was stopped and a 0.5 gram were found in his possession.
Both Caine and Malmo-Levine challenged the constitutionality of the criminalization of marijuana under the Narcotics Control Act.
Malmo-Levine's argument focused on whether there should be a requirement of harm for criminal law. He argued that the constitutional power to enact criminal law under section 91(27) of the Constitution Act, 1867 is limited to conduct that causes harm. He further argued that the "harm principle" should be a principle of fundamental justice under section 7 of the Canadian Charter of Rights and Freedoms.
Malmo-Levine and Caine appealed the decision of the British Columbia Court of Appeals to the Supreme Court of Canada which heard the case on May 6, 2003. On December 23, 2003, Justice Charles Gonthier and Ian Binnie jointly authored the majority decision.
Gonthier and Binnie JJ., writing the majority, rejected all the arguments for the requirements of harm under section 91(27) of the Constitution Act, 1867 and section 7 of the Charter. They held that Parliament need not establish harm but only a reasonable apprehension of harm.
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