Tuesday, July 29, 2008

Smoking Dope -- Not A Trifle

A human interest story out of Burlington today may be more important than first seems.

It appears that a bar has been told (ordered or not isn't clear) by the Ontario Human Rights Commission (or Tribunal -- again the story was played for humor and isn't clear) to allow patrons to smoke medical marijuana on the smoking patio.

The bar has refused saying to allow this would risk its liquor licence. And so the bar has sought a declaration from the Superior Court as to what governs.

Therein lies the importance. Does an administrative tribunal have the power to overturn other legislation? What about Charter rights?

A seemingly silly case may be far from silly.

4 comments:

Anonymous said...

one to watch for sure!

Anonymous said...

I have a license for medical marijuana, but having said that, I do not feel I have the right to smoke it anywhere. There needs to be some discretion of the part of the smoker.

James C Morton said...

To be clear, Acid, I am fully supportive of medical marijuana -- in fact I favor legalization generally -- but your point is very well taken. j

James C Morton said...

To be clear, Acid, I am fully supportive of medical marijuana -- in fact I favor legalization generally -- but your point is very well taken. j