Attempt to Modify Allard Decision Dismissed

In a ruling from Justice Michael Phelan earlier today, attempts to expand the scope of the Allard decision have been denied, with Phelan allowing the federal government time to address any and all concerns with the regulations.

Lawyer John Conroy had requested changes made to Justice Phelan’s previous decision, which saw the government’s MMPR rules as in violation of the Charter, giving the Liberals six months to craft new guidelines for home growing.

Conroy was looking for those MMAR patients not covered by the original injunction to be allowed to legally grow once again, let license holders change their address, along with changes to possession limit changes and changes to the Controlled Drugs and Substances Act no longer apply.

Phelan said Conroy’s attempt to bring forward changes was an impermissible attempt to appeal that would not be allowed.

“The plaintiffs have the difficult burden of convincing me that I overlooked or accidentally omitted something,” Phelan wrote. “It no doubt is of cold comfort to hear that judge say that the matters were not missed, that the matters were thought about, but the court was not convinced that they needed to be address as the plaintiffs propose.”

The motion was dismissed, with costs.

 

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