Is possession of marijuana for the purposes of trafficking a freedom of expression?
Alberta, Canada
The following excerpt is from R. v. Normore, 2005 ABQB 75 (CanLII):
The conduct of the accused in this case is possession of marijuana for the purposes of trafficking. It is an activity which does not convey or attempt to convey a meaning and thus it has no content of expression and does not attract this particular freedom. The accused has not conveyed nor did he attempt to convey any meaning by his conduct. He simply wished to traffic quantities of marijuana and be compensated for it. Thus this particular freedom is of no assistance to the accused. See also Rosen v. Ontario (Attorney General) [1996] OJ No. 100 leave to appeal to SC of C denied [1996] SCCA 127.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a certificate of possession sufficient to establish that an Indian has a right to possession of land in a reserve? (Alberta, Canada)
What is the effect of the LAEA amendments on teachers' freedom of expression? (Alberta, Canada)
What is the case law in Canada dealing with conditional sentences for possession of marijuana? (Alberta, Canada)
What is the current state of the law on freedom of expression in the public service? (Alberta, Canada)
What is the test for freedom of expression in the context of the Charter? (Alberta, Canada)
Is there a presumption in law that if a person is in possession of property and making use of it that such possession and use is lawful? (Alberta, Canada)
What is the range of conditional sentences for smoking marijuana near a school playground? (Alberta, Canada)
What is the purpose of an affidavit in defence of a claim? (Alberta, Canada)
Can an applicant for a firearms licence be found to possess a firearm within 16 months of being made subject to a peace bond because of domestic violence? (Alberta, Canada)
Is interest included in the calculation of damages claimed for purposes of determining whether the threshold amount is met? (Alberta, Canada)
