Welcome to the WhyProhibition Decisions Archive

Here you will find an ever increasing number of judicial and tribunal decisions, in full text, maintained by our legal editorial staff.

BC Human Rights Tribunal: James and Moynan v. City of Salmon Arm

Submitted by Jacob Hunter on Mon, 08/31/2009 - 5:19pm

(Final Decision - Grounds: Sexual Orientation, Marital Status and
Physical Disability - Area: Section 8 - Service)
2009 BCHRT 285 (167KB)

Salmon Arm officials criticized for evicting marijuana grower

Human Rights tribunal rules city discriminated against disabled man

By Kelly Sinoski, Vancouver Sun August 29, 2009 2:16 AM

Salmon Arm city officials have been rapped on the knuckles for kicking a man out of his home for more than two years because he was growing marijuana -- even though they knew it was for medicinal use.

The B.C. Human Rights Tribunal ruled that the city discriminated against Kenneth James after raiding his home, seizing his pot plants, disconnecting his water supply and putting a "Do Not Occupy" notice on the door in April 2007. Read more »

Quebec's Human Rights Commission on "The Medical Use of Marihuana and the Right to Equality"

Submitted by Jacob Hunter on Tue, 06/09/2009 - 1:55pm

INTRODUCTION
On May 14, 2009 The Commission des droits de la personne et des droits de la jeunesse received a letter from Charlie McKenzie of the Montréal Compassion Centre, asking the Commission to determine “whether those citizens of Quebec who have a licence from Health Canada, and thousands of other Quebeckers without a licence from Health Canada but who also rely on therapeutic cannabis to relieve their symptoms and improve their quality of life, have the right to the protection provided by Chapter I.1, paragraph 10 of the Quebec Charter of Human 2 Rights and Freedoms.” This analysis follows up on that request and is a part of the mandate confided to the Commission 3 under section 71 of the Charter of Human Rights and Freedoms, which provides that the Commission must promote and uphold the rights and freedoms enunciated by the Charter, in particular by receiving and examining suggestions, recommendations and requests made to it concerning human rights and freedoms and, as appropriate, making the appropriate 4 recommendations to the Government. Read more »