Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses how Canadian courts should deal with marijuana-related offences, knowing cannabis is about to be legal in the country.
Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week, and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.
Should the impending legalization of marijuana mean that if you’re convicted of a marijuana possession or trafficking offence, that you shouldn’t go to jail?
In her latest episode, Kyla discusses whether the courts should still prosecute marijuana laws with the full powers of the law, and if someone is found convicted, whether their sentencing should take into account the fact that marijuana may be legal in 2018.
The question is: does the fact that marijuana will be legal soon have any effect on what the law currently says? There’s an idea that judges should just apply the law as it currently stands, but if enforcing the law doesn’t make sense anymore, should they adjust how marijuana offences are treated?
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