SUPREME COURT   OF CANADA  BULLETIN OF PROCEEDINGS
http://www.lexum.umontreal.ca/csc-scc/en/bul/2003/html/03-12-23.bul.html

29569        Her Majesty the Queen v. Grant Wayne Krieger (Crim.) (Alta.)
Coram:        McLachlin C.J. and Major and Fish JJ.
The application for leave to appeal from the judgment of the Court of Appeal of   Alberta
(Calgary), Numbers 01-00011-A and 01-00288-A, dated March 18, 2003, is dismissed.

NATURE OF THE CASE
Canadian Charter of Rights and Freedoms - Criminal law - Cannabis marihuana - Cultivation and trafficking - Accused cultivating cannabis marihuana for his own medical needs and supplying others as well - Trial judge finding that prohibition on production of cannabis marihuana infringing accused's s. 7 Charter rights and not saved by s. 1 - Whether the Court of Appeal erred in holding that s. 7 of the Charter guarantees the right to grow (and by implication, possess) marihuana, to anyone with a medical need for this drug - Whether the Court of Appeal erred in holding that, by reason of s. 7 of the Charter, to sustain the validity of the general prohibition on the production (and by implication, possession) of marihuana, the government of Canada is obliged to ensure a legal, safe, and reliable source and supply of this drug for anyone with a medical need for it - Controlled Drugs and Substances Act, S.C. 1996, c. 19, ss. 5(2), 7(1), 56.

PROCEDURAL HISTORY

December 11, 2000
Court of Queen's Bench of Alberta
(Acton J.)

 

Section 7(1) of the Controlled Drugs and Substances Act, inasmuch as it relates to cannabis marihuana, declared inconsistent with the Charter; declaration suspended for one year; Respondent granted an exemption from the application of s. 7(1); charge stayed

June 20, 2001
Court of  Quen's Bench of Alberta
(Acton J.)

  

Applicant acquitted of possession of a controlled substance for the purpose of trafficking contrary to s. 5(2) of the Controlled Drugs and Substances Act

November 28, 2001
Court of Appeal of Alberta
(O'Leary J.A.)

  

Period of judicial stay extended until further order of the Court of Appeal

December 4, 2002
Court of Appeal of Alberta
(Wittman, Costigan and LoVecchio JJ.A.)

  

Acquittal on s. 5(2) set aside and new trial ordered; appeal with respect to s. 7(1) dismissed

March 25, 2003
Supreme Court of Canada
(Arbour J.)

  

Motion to extend time allowed

May 20, 2003
Supreme Court of Canada

  

Application for leave to appeal filed