Bennett v. Canada (Attorney General) et al.,

Bennett v. Can. (A.G.) (2013), 446 N.R. 152 (FCA)

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Temp. Cite: [2013] N.R. TBEd. JN.023

Christopher Bennett (appellant) v. The Attorney General for Canada and The Minister of Health for Canada (respondents)

(A-86-12; 2013 FCA 161; 2013 CAF 161)

Indexed As: Bennett v. Canada (Attorney General) et al.

Federal Court of Appeal

Trudel, Stratas and Mainville, JJ.A.

June 19, 2013.

Summary:

Bennett, a member of the "Church of the Universe," believed that cannabis was the "tree of life". The Minister of Health for Canada refused to issue Bennett a statutory exemption to produce and possess enough cannabis to smoke and/or imbibe seven grams of the drug every day without violating the Controlled Drugs and Substances Act. Bennett applied for judicial review. He argued that both the statutory prohibitions on the possession and production of cannabis and the denial of his Ministerial exemption request violated his rights under ss. 2, 7 and 15 of the Charter.

The Federal Court, in a decision reported at 400 F.T.R. 1310, dismissed the application. Bennett had not established a breach of the Charter. In any event, the breach, if one existed, was justified as a reasonable limit pursuant to s. 1 of the Charter. Bennett appealed.

The Federal Court of Appeal allowed the appeal, set aside the judgment of the Federal Court, and remitted the matter for assignment to a different judge of the Federal Court.

Civil Rights - Topic 302

Freedom of conscience and religion - What constitutes a religion - [See Narcotic Control - Topic 6 ].

Civil Rights - Topic 660

Liberty - Limitations on - Cultivation of opium poppy or marijuana (incl. medicinal use) - [See Narcotic Control - Topic 6 ].

Food and Drug Control - Topic 1043

Drugs - Controlled drugs - General - Authorization to possess - [See Narcotic Control - Topic 6 ].

Narcotic Control - Topic 6

General - Legislation - Exemptions - The applicant, a member of the "Church of the Universe," believed that cannabis was the "tree of life" - The Minister of Health for Canada refused to issue the applicant a statutory exemption to produce and possess enough cannabis to smoke and/or imbibe seven grams of the drug every day without violating the Controlled Drugs and Substances Act - On judicial review, the applicant argued that the denial of his Ministerial exemption request violated his rights under ss. 2, 7 and 15 of the Charter - The Federal Court dismissed the application - The Federal Court of Appeal allowed the appeal - A key issue was whether the applicant's beliefs and activities concerning cannabis constituted a religious practice protected by the guarantee of freedom of religion under s. 2(a) of the Charter, as opposed to a secular practice or lifestyle choice - The reasons for judgment showed conflicting factual findings on that key issue - The court set aside the judgment, and remitted the matter for assignment to a different judge of the Federal Court.

Cases Noticed:

Cojocaru v. British Columbia Women's Hospital and Health Center et al. (2013), 445 N.R. 138; 2013 SCC 30, refd to. [para. 3].

Counsel:

Kirk Tousaw, for the appellant;

B.J. Wray and Sally Rudolf, for the respondents.

Solicitors of Record:

Law Office of Kirk Tousaw, Cobble Hill, British Columbia, for the appellant;

William F. Pentney, Deputy Attorney General of Canada, Ottawa, Ontario, for the respondents.

This appeal was heard at Vancouver, British Columbia, on May 15, 2013, before Trudel, Stratas and Mainville, JJ.A., of the Federal Court of Appeal, who delivered the following judgment, with reasons, dated June 19, 2013, at Ottawa, Ontario.