Canada is a party to the Single Convention on Narcotic Drugs, 1961 as amended by the 1972
Question:
Canada is a party to the Single Convention on Narcotic Drugs, 1961 as amended by the 1972 Protocol.
In 2018, Canada adopted the Cannabis Act, which among other things decriminalized the possession and distribution of cannabis in Canada, and allowed provinces to introduce measures for the retail sale of cannabis products.
The United Kingdom has expressed diplomatic concern that Canada's legislative changes have led to the increased export of cannabis from Canada to the United Kingdom and that the Cannabis Act may contravene Canada's obligations under the Single Convention on Narcotic Drugs. It is rumored that the United Kingdom is contemplating bringing a case to the ICJ to resolve the dispute.
Policy officials in Canada's foreign ministry have approached you (a lawyer with Canada's Justice Department) with the following questions.
- Does the Single Convention on Narcotic Drugs provide a basis for the ICJ to assert jurisdiction in a potential dispute between Canada and the UK (and if so are there any impediments to the UK bringing the dispute)?
Leaving aside the Single Convention on Narcotic Drugs, is there another basis under the ICJ Statute that the ICJ might be able to assert jurisdiction in a case between the United Kingdom and Canada? Why or why not?
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts