Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at cases.slaw.ca.
This week’s summaries concern:
New and innovative drugs / Medical marihuana :
Takeda Canada Inc. v. Canada (Minister of Health) et al. 2013 FCA 13
Food and Drug Control – Drugs – New and innovative drugs – What constitute
The Minister of Health, through the Office of the Patented Medicines and Liaison, refused to list Takeda’s Canada Inc.’s drug, DEXILANT, on the Register of Innovative Drugs and provide data protection in accordance with s. C.08.004.1 of the Food and Drug Regulations. In the Minister’s view, a previously approved medicinal ingredient (here an enantiomer) could never be an “innovative drug” regardless of the innovator’s effort in developing the . . .
R. v. Mernagh (M.) 2013 ONCA 67
Narcotic Control – General – Legislation – Exemptions
The accused, who suffered from a number of medical conditions, claimed that marijuana alleviated his debilitating pain and stopped seizures. He alleged that he could not obtain an exemption under the Marihuana Medical Access Regulations (MMAR) as he was unable to get a physician to sign a medical declaration because of a widespread lack of co-operation on the part of Canadian doctors with the MMAR. He was charged with producing marijuana (Controlled Drugs . . .