Cannabis within buildings: Is the caquiste government more restrictive than Trudeau?

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In an interview with 98.5 FMs’ Paul Arcand on November 2nd, Lionel Carmant, Quebec's new Minister of Health, expressed his government’s vision of the legalization of cannabis. He declared being determined on banning its consumption in public spaces. However, in hopes of accommodating tenants who are demanding a space to smoke, the minister seems to be ready to prohibit owners ... from prohibiting cannabis in their leases.

Cannabis within buildings: Is the caquiste government more restrictive than Trudeau?

Indeed, Lionel Carmant declared his desire to apply the ban on the consumption of cannabis in public spaces throughout Quebec. So far, this prohibition had been left to the discretion of municipal authorities’, and many had already announced their willingness to adopt it.

But by wishing to standardize this new ban across Quebec, Minister Carmant will have to adapt to the specificities of certain cities. He refers to Montreal as an example, largely composed of rental properties where tenants may no longer have the option of smoking cannabis if their landlord refuses its consumption in the dwelling. In response to this problem, he declares being ready to "allow leniencies", without specifying which ones.

This ambiguity towards one of the fundamental rights of property owners provoked a reaction from CORPIQ, as Hans Brouillette, director of public affairs explains: "We must meet quickly with the new Minister of Public Health to explain to him that forcing property owners to accept cannabis would be a serious mistake and would lead to an impasse. An apartment is a tenants’ refuge and you cannot impose an unhealthy environment on the pretext that your neighbors need a place to smoke drugs for recreational purposes. The minister must know that property owners have been condemned by the Régie du logement to reduce the rent of tenants who are inconvenienced by cannabis smoke from other dwellings1. His government is certainly not prepared to pay these compensations. "

Trudeau cannabis

Watch the interview (in French)

 Trudeau seems to better understand the realities that owners are facing

Paradoxically, the Prime Minister of Canada, at the origin of this bill, appears more understanding of owners’ rights. In fact, during an interview with Salut, Bonjour given on May 12, 2018, Justin Trudeau commented on the legalization of cannabis. He declared that "if the owner has the right to forbid smoking, he has the right to do so for pot as well".

Listen to the interview of Lionel Carmant at 98.5 FM (in French) »

1: Read the judgment : Allard c. Picard (in French)

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