New Appeal Dates For R v. Mernagh

From the start of my four year court journey, dates have constantly changed. After reviewing the prosecutor’s factum we realized we needed more time so we asked the court to provide new dates. Last week we learned the Ontario Court of Appeal has set aside  May 7 and 8 to hear the federal government’s appeal of R v. Mernagh. This will provide us the time needed to prepare our written materials.
The Ontario Court of Appeal will rely more on the written materials than on verbal arguments. Thus it’s important our factum is amazing. The three judges will have a pretty strong opinion before we even make it to court based on these factums. We only need to convince two of three that justice Tailano was correct in striking down the possession and production of marijuana laws, decimating Health Canada’s medical marijuana program and providing me with an exemption outside of the government scheme.
The prosecutor has a serious mountain to climb to have the ruling undone. After 50 pages of working themselves into a tizzy, they conclude with, a plea for more time on the 90 day deadline. There’s a 90 day window in which the federal government can fix the constitutional mess. During election campaigns would be MPs make promises about their first ninety days in office. In fact the Conservatives especially pride themselves in quickly making a mess of the country within 90 days. However, it will take the feds a year to solve the constitutional crisis created in R v. Mernagh.
Instead of ending strong with a flurry of action, the prosecutor concludes with, if the court doesn’t agree with their argument, can the court at the very least, please, please, pretty please with icing sugar on top, change the 90 day deadline to a year. They want a bone thrown to them. Not sure how’d the prosecutor would respond if Paul Lewin asked the court to give me a year to comply with the law if the ruling isn’t upheld. By the time our appearance happens May 7 and 8 we’ll in be in fighting shape.
With the Global Marijuana March happening May 5 in Toronto, there’s going to be like a pre-fight vibe going into Monday May 7 court appearance. The GMM will be the pre celebration like they have following up to Wrestlemania, the Superbowl, or Daytona 500.
Toronto is going to be great the first weekend in May. People thinking of attending the Global Marijuana March from outside of Toronto now have one more great reason to visit. All that great legalization energy happening on Saturday is going to be harnessed on Monday and Tuesday, it’s…showtime.

Matt Mernagh
Matt Mernagh

Matt Mernagh is author of Marijuana Smoker's Guidebook The Easy Way To Identify and Enjoy Marijuana Strains ( by Green Candy Press and hosts a weekly weedy webcast The Menahuana Zone on Pot.TV every Tuesday. The Mernagh Ruling is a test case of Canada's cannabis laws and was spearheaded by Mernagh, lawyer Paul Lewin and 22 witnesses from across Canada.