smoked way to much blue cheese and Skywalker tonight and got to thinking if the mmpr was found unconstitutional.. Shouldn't the people who were forced into an unconstitutional program by there government be able to form a class action. I am not a left out nor a lawyer so. Please discuss peace
When filing a Charter challenge, it's about the laws and how they affect the citizenry, and not based on the effect alone.
So now that the MMPR has fallen, if I understand you correctly you're wanting to propose an action that would say 'the govt as found to have acted unconstitutionally in this situation, so am I entitled to damages?'
As far as civil litigation, that's not my strong suit when it comes to Canadian law. But the threshold for something like the privacy-breaking mailouts is much different than the MMAR being 'retired' and the MMPR coming in.
In the case of the mailout, specific privacy breaches (similar to the student loans privacy breach) were alleged (and in my view sustained), so that was kind of a no brainer. In the case of the MMPR, at the time, there was no findings of a 'right' to grow or that the MMPR was unconstitutional, so there's really nothing to go after here.
Keep in mind that the legal system is about balance, which goes back to what I've said about the injunction, that in Manson's view it was not meant to cover everyone who was losing their grow, but to strike a balance that would not upset the balance of convenience. Most of the reason behind that being it was pre-trial.
Now that we're at the point where it's on the government to fix it, a remedy of all approved MMAR patients being allowed to grow regardless of location seems reasonable, where it may not have in a pre-trial situation.
