THE COURT is the online resource for debate & data about the Supreme Court of Canada.*

Archive For Entries On Food and Drugs

A National Precedent for Securities Regulation in Theratechnologies: An Uncommon Phenomenon In Canada

It’s not often that nation-wide securities judgments are issued in Canada. Securities regulation in Canada is polycentric in nature, such that each province is governed by its own legislation and securities commission. The Supreme Court of Canada (“SCC”) decision of Theratechnologies Inc. v 121851 Canada Inc., 2015 SCC 18, [Thera] is interesting because – although […]

R v Schmidt: Call them “Cow-Share Agreements”… But You’re Still Just Distributing Unpasteurized Milk

In R v Schmidt, 2014 ONCA 188 [Schmidt], a decision released on March 11, 2014, the Ontario Court of Appeal considered the legality of a milk farmer’s scheme to sell unpasteurized milk and milk products – which can pose a serious health risk – as part of a “cow-share agreement.”

R v Mernagh: ONCA Upholds Constitutionality of “Physician as Gatekeeper” Aspect of Medical Marihuana Laws

As Simmons and LaForme JJA point out at the beginning of this decision, R v Mernagh 2013 ONCA 67 represents the third time in just over ten years that the Ontario Court of Appeal (ONCA) has been asked to rule on the constitutionality of the government’s attempts to restrict the use of medical marihuana. In […]

Amici Curiae: The Reaction to Bill C-30, “the Digitally Dead,” and the Call for Legalized Pot (Again)

Public Safety Minister Vic Toews recently generated a media frenzy when he introduced a controversial new bill that proposed to provide police departments with the ability to access personal information about Canadian Internet users without a warrant. While the proposed legislation is controversial in itself, Toews caused further controversy when he responded to criticisms by […]

The Canadian Criminal Justice System v. Itself (Regina v. George Passon, Not Present) 2011 BCSC 16

This case will not win a Golden Gavel any time soon; that, I can assure you. There is no crying victim or menacing villain. Had it not been for one peculiar fact, this case would be very typical of its jurisdiction. This case is unusual because the accused absconded (presumably returning to Germany), and his […]

Keeping Drug Prices Down: Celgene Corp v Canada (Attorney General)

On January 20, 2011, the Supreme Court of Canada (“SCC”) released its decision in Celgene Corp v Canada (Attorney General), 2011 SCC 1. In this case the SCC had to determine whether the Patented Medicine Prices Review Board (“Board”) correctly interpreted the Patent Act, RSC 1985, c P-4 [the Act]. Technically, this issue is one […]

The Tort of Forced Vaccination?

As the federal and provincial governments rolled out their vaccination programs for H1N1 flu last week, health ministers, doctors, and other government representatives have all been answering questions about the vaccine’s safety and efficacy. There has recently been much debate about the wisdom and effectiveness of population-wide vaccination: for example, see this month’s cover story […]