Breakthrough Canadian Law: Out of the Constitutional Impasse

Breakthrough Canadian Law: Out of the Constitutional Impasse

Posted on May 18th, 2022 to Legal News

Canadian Law May Signal Way Out of Constitutional Impasse

Canada’s way of legalizing cannabis could help Bermuda, which doesn’t know how to start a legal cannabis business because of its law. Nicola Barker is a British lawyer who focuses on human rights and the Constitution. She says that if Bermuda wants to change their constitution, they might be able to find a way that works like Canada’s.

There will be a steering group set up to make changes to the law that will help Bermuda and the UK get along better. She said this in March when she was Attorney-General of Bermuda. It was put on hold by Gov. Rena Lalgie because she thought it would be against Britain’s rules on drugs in other countries. They got into a fight, which led to this plan.

The Constitution of Bermuda is known to Dr. Barker, so he talks about how things were done in Canada. The country joined the United Nations 1961 Single Convention on Narcotic Drugs, but it wasn’t legalized until 2018. A study paper from 2017 looks at various methods Canada could use to terminate the pact. Bermudez could do the same thing, the paper says.

You could either explain the rights that are already there or add rights for adults to use weed to the Constitution. Bermuda is already planning to change the rules. This might make things go better.

This doesn’t make sense to lawyer Peter Sanderson. He says that the Misuse of Drugs Act in Bermuda could be used to get around the rule. The law lets the minister whose job it is to stop drug use make rules. This way, people may not have to go to court.

If you believe that using cannabis is a matter of personal or religious belief, then Dr. Barker says you should go to court. This is because the law against it might not be legitimate. But new court decisions, like the Privy Council’s decision against the Constitution’s rights for same-sex marriage, may make this method less useful.

The International Narcotics Control Board said that Canada’s decision to allow people to use marijuana for fun broke international rules about drug control. Only people who need it for medical reasons can use cannabis in the UK. It can’t be used for fun. Dr. Barker says that weed is now used to make a lot of drugs in the UK.

The Bermudan government is still being careful while they wait to hear what the UK thinks of Governor Lalgie’s choice. The UK Secretary of State for Foreign, Commonwealth, and Development Affairs will be told about Ms. Lalgie’s choice, so it will be talked about formally.

Lastly, Bermuda deals with a tough political issue by looking at Canada’s mistakes and thinking about the possible effects on law, government, and the world.

Source: Royal Gazette

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