[2016] 3 F.C.R. D-4
Criminal Justice
Narcotics
Consolidated appeals from Federal Court (F.C.) orders dated June 4, July 9, 2014 — Appellants challenging constitutionality of Marihuana Medical Access Regulations, SOR/2001-227 (MMAR), Marihuana for Medical Purposes Regulations, SOR/2013-119 (MMPR) — On May 7, 2014, F.C. staying challenges brought by appellants on ground Allard v. Canada, 2016 FC 236, 2016 FC 237 challenge “much further advanced” — F.C. exercising discretion in June 4 order to dismiss motions for interim constitutional exemptions from Controlled Drugs and Substances Act, S.C. 1996, c. 19 pending trial of challenges; clarifying in July 9 order that May 7, 2014 stay would remain in place until all appeals in Allard challenge exhausted — Whether F.C. erring in staying challenges; dismissing motions for interim constitutional exemption from Controlled Drugs and Substances Act — Order under appeal herein interlocutory, discretionary one — Appellate court will intervene where such order prompted by error of law, legal principle — Absent such error, appellate court cannot interfere unless there is an obvious, serious error that undercuts order’s integrity, viability — F.C. committing no reviewable error in present instance — Decision to stay appellants’ challenges until final disposition of Allard challenge, to dismiss motions for interim constitutional exemption supportable on evidentiary record — Appellate standard of review not allowing reweighing of evidence — Court having to defer on matter of sufficiency or weight of evidence assessed by F.C. — Appeals dismissed.
Turmel v. Canada (A-342-14, 2016 FCA 9, Stratas J.A., judgment dated January 13, 2016, 11 pp.)