Stuckless v. Canada (Attorney General)
EVERETT RODGER STUCKLESS
Law Firm / Organization
Burnside Law Group
Lawyer(s)

Derek B Brett

ATTORNEY GENERAL OF CANADA
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Jan Jensen

- Parties: The appellant was Everett Rodger Stuckless. The respondent was the Attorney General of Canada.

- Subject Matter: The acting director-general of Health Canada’s Controlled Substances and Cannabis Branch refused to grant the appellant a security clearance under s. 67(1) of the Cannabis Act, 2018 and s. 53 of the Cannabis Regulations, SOR/2018-144, upon finding that he posed an unacceptable risk to public health or public safety, including the risk of cannabis being diverted to an illicit market or activity. The appellant filed a judicial review application challenging this decision. The Federal Court dismissed the application. On appeal, the appellant alleged that the Federal Court failed to comply with the duty to act fairly and with s. 7 of the Canadian Charter of Rights and Freedoms.

- Ruling: The appeal court ruled in the respondent’s favour and dismissed the appeal. It held that the Federal Court met the duty of procedural fairness, provided the appellant a long list of specific incidents that it considered, explained the factors most relevant to the acting director-general’s opinion that he posed an unacceptable risk to public health or public safety, and gave him an opportunity and a reasonable delay to respond.

- Date: The hearing was set on Mar. 22, 2023. The court released its decision on Mar. 23, 2023.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: No financial award was specified.

Federal Court of Appeal
A-303-21
Constitutional law
$ 0
Respondent
10 November 2021