In
Bennett v. Attorney General for Canada, (Fed. Ct., Nov. 15, 2011), the Federal Court of Canada upheld a refusal by Canada's Minister of Health to grant an exemption from Canada's Controlled Drugs and Substances Act to a member of the Church of the Universe who believes that cannabis is the "tree of life." Applicant argued that the ban on marijuana violates his rights under Sections 2 (freedom of religion), 7 (protection of liberty) and 15 (equal protection) of the
Canadian Charter of Rights and Freedoms. Rejecting applicant's religious freedom claim, the court said:
The Applicant ... has not shown that his practice of consuming seven grams of marihuana per day has any nexus with religion. While the Applicant has shown that his practice is based on the belief that cannabis is the tree of life, this, in and of itself, does not make it a religious practice....
The Charter’s recognition that religion is of great personal importance to its adherents does not flow into the converse conclusion that all practices and beliefs that are of great personal importance to individuals are religious in nature.
Cannabis Culture reports on the decision.
