From Margarine to Cannabis: The Ongoing Evolution of the Criminal Law Power

In Murray-Hall v. Quebec (Attorney General), 2023 SCC 10 ("Murray-Hall") the Supreme Court of Canada upheld Quebec's prohibitions on the possession and cultivation of cannabis plants for non-medical purposes in a dwelling-house. In reasons written by Chief Justice Wagner, the Court unanimously rejected the view of the Quebec Superior Court that the impugned prohibitions fell within the federal government's exclusive jurisdiction over criminal law under s. 91(27) of the Constitution Act, 1867.  In so doing, the Court concluded that while Quebec's National Assembly was reacting to the federal legalization of recreational cannabis, it was not impermissibly motivated by moral disapproval of cannabis consumption when it enacted the impugned prohibitions.