Municipal Law - Bylaws and resolutions - Enforcement of bylaws - Grounds for invalidity - Canadian Charter of Rights and Freedoms - Ultra vires - Federal jurisdiction - Provincial jurisdiction

Abbotsford (City) v. Mary Jane’s Glass & Gifts Ltd. - [2017] B.C.J. No. 274, - British Columbia Supreme Court, - J.M. Gropper J., - February 14, 2017. - Digest No. 3641-007

Law360 Canada ( March 9, 2017, 7:00 PM EST) -- Petition by the City of Abbotsford for declarative and injunctive relief to enforce its Business Licence Bylaw and Zoning Bylaw against the respondents, Mary Jane’s Glass & Gifts & Briere. Until recently, the respondents operated a medical marijuana dispensary within the City. The City filed a petition for declarations the respondents were in breach of the Bylaws, with orders restraining them from carrying on business or selling marijuana without a business licence or City exemption. The respondents challenged the constitutional validity of the Bylaws based on recent Federal Court jurisprudence that held regulations requiring users to obtain medical marijuana only from licensed producers violated their s. 7 Charter rights. The respondents sought a declaration that the Bylaws restricted access to medical marijuana and were of no force and effect to the extent they infringed ss. 7 and 15 of the Charter. At the commencement of the hearing, the respondents advised they had closed their business and consented to orders that they would not operate or carry on a similar business in the City. An adjournment was refused and the hearing proceeded on the Bylaw breach and constitutional issues without submissions from the respondents....

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