Lawyer: Lawsuits over pot, instead of busts, a step forward

Civil lawsuits over cannabis sales, such as the one the City of Victoria won last week, are part of a new, civilized approach to pot, says a B.C. lawyer,

“At least in British Columbia, we have evolved to the point where the response is not to just send in the police,” Kirk Tousaw said. “We now take [cannabis sellers] through the normal civil litigation process that you would use with any non-compliant business.”

Tousaw has spoken on Canada’s marijuana laws before the Supreme Court of Canada and argued on behalf of clients from New Brunswick to B.C. He has also represented Ted Smith, Victoria’s longtime cannabis crusader.

The City of Victoria recently defended its right to deny a business licence to Green Dragon Medicinal Society, a cannabis dispensary at 541 Herald St.

B.C. Supreme Court Chief Justice Christopher Hinkson ruled the city had properly followed its procedures when it denied a rezoning to the dispensary. Without proper zoning, Green Dragon could not obtain a business licence and has closed.

In 2016, Victoria established a bylaw under which cannabis outlets operate. They are required to obtain appropriate zoning, and then apply for a business licence.

Green Dragon was denied proper zoning because it was 155 metres from the Chinese Public School. Victoria’s bylaw forbids cannabis stores within 200 metres of a school.

Tousaw said he might disagree with the distance requirement, but disagreements like that can be taken up in front of a judge in a civil process.

“[Civil litigation] is certainly a step forward,” he said. “Doors aren’t being kicked in, people aren’t being handcuffed, thrown into cages and facing the prospect of criminal sanction.”