Nice try: novel argument fails

British Columbia Provincial Court, Surrey, 6 November 2002
D. Olson and W. Thompson were charged with possession of marijuana.

They argued that s. 60 of the Controlled Drugs and Substances Act was unconstitutional in that allowing the Governor in Council (Cabinet) to add items to the Schedules of prohibited substances permitted it a standardless sweep to pursue personal predilections.

However, marijuana was already a prohibited substance when the new act came in, so it hadn’t needed an Order in Council.