R. v. Clay
Encyclopedia
R. v. Clay [2003] 3 S.C.R. 735, is a decision by the Supreme Court of Canada
on the constitutionality of the prohibition to possess marijuana. The accused claimed that his section 7
Charter rights were violated. The Court dismissed the claim.
This case is the final of a trilogy of cases regarding the constitutionality of the prohibition of marijuana.
where he held many hemp related products. He was caught selling marijuana plant cuttings to an undercover police officer and was charged under the former Narcotics Control Act.
Clay argued that his Charter rights were violated by the Narcotics Control Act's prohibition of possession of marijuana. At trial and appeal the claim was dismissed.
The opinion of the Court was given by McLachlin C.J. Arbour, LeBel, and Deschamps JJ. each gave dissenting opinions.
It has been well established, McLachlin claimed, that the risk of imprisonment creates a violation of an accused's liberty
and security of person
under section 7. However, in this case it is in accordance with the principles of fundamental justice
. The purpose of the section is to protect the "core of what it means to be an autonomous human being blessed with dignity and independence in matters that can properly be characterized as fundamentally or inherently personal". Smoking marijuana, it is held, is not included.
McLachlin then considered the claim of whether the law was "overbreadth" as in R. v. Heywood
. She finds that the law is not grossly disproportionate to the interest of the government to avoid harm caused directly or indirectly by the use of the drug, citing operation of motor vehicles or other complex machinery as sufficient dangers to warrant prohibition. Furthermore, there was no convincing evidence that looser prohibition would be as effective.
McLachlin dismissed the argument that the term "narcotic" in the act was ambiguous and could be read to exclude the cuttings as there was no THC in it.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
on the constitutionality of the prohibition to possess marijuana. The accused claimed that his section 7
Section Seven of the Canadian Charter of Rights and Freedoms
Section Seven of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section, namely the right to life, liberty, and...
Charter rights were violated. The Court dismissed the claim.
This case is the final of a trilogy of cases regarding the constitutionality of the prohibition of marijuana.
Background
Clay was a 26 year old owner of "The Great Canadian Hemporium" in London, OntarioLondon, Ontario
London is a city in Southwestern Ontario, Canada, situated along the Quebec City – Windsor Corridor. The city has a population of 352,395, and the metropolitan area has a population of 457,720, according to the 2006 Canadian census; the metro population in 2009 was estimated at 489,274. The city...
where he held many hemp related products. He was caught selling marijuana plant cuttings to an undercover police officer and was charged under the former Narcotics Control Act.
Clay argued that his Charter rights were violated by the Narcotics Control Act's prohibition of possession of marijuana. At trial and appeal the claim was dismissed.
Opinion of the Court
The Court held that the appeal should be dismissed.The opinion of the Court was given by McLachlin C.J. Arbour, LeBel, and Deschamps JJ. each gave dissenting opinions.
It has been well established, McLachlin claimed, that the risk of imprisonment creates a violation of an accused's liberty
Liberty
Liberty is a moral and political principle, or Right, that identifies the condition in which human beings are able to govern themselves, to behave according to their own free will, and take responsibility for their actions...
and security of person
Security of person
Security of the person is a basic entitlement guaranteed by the Universal Declaration of Human Rights, adopted by the United Nations in 1948. It is also a human right explicitly mentioned and protected by the Constitution of Canada, the Constitution of South Africa and other laws around the...
under section 7. However, in this case it is in accordance with the principles of fundamental justice
Fundamental justice
Fundamental justice is a legal term that signifies a dynamic concept of fairness underlying the administration of justice and its operation, whereas principles of fundamental justice are specific legal principles that command "significant societal consensus" as "fundamental to the way in which the...
. The purpose of the section is to protect the "core of what it means to be an autonomous human being blessed with dignity and independence in matters that can properly be characterized as fundamentally or inherently personal". Smoking marijuana, it is held, is not included.
McLachlin then considered the claim of whether the law was "overbreadth" as in R. v. Heywood
R. v. Heywood
R. v. Heywood [1994] 3 S.C.R. 761 is a leading Supreme Court of Canada decision on the concept of fundamental justice in section seven of the Charter. The Court found that section 179 of the Criminal Code for vagrancy was overbroad and thus violated section 7 and could not be saved under section...
. She finds that the law is not grossly disproportionate to the interest of the government to avoid harm caused directly or indirectly by the use of the drug, citing operation of motor vehicles or other complex machinery as sufficient dangers to warrant prohibition. Furthermore, there was no convincing evidence that looser prohibition would be as effective.
McLachlin dismissed the argument that the term "narcotic" in the act was ambiguous and could be read to exclude the cuttings as there was no THC in it.