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BYLAWS AND RESOLUTIONS - Enforcement of bylaws - Grounds for invalidity - Canadian Charter of Rights and Freedoms - Ultra vires - Federal jurisdiction - Provincial jurisdiction

Wednesday, March 08, 2017 @ 8:34 AM  

Petition by the City of Abbotsford for declarative and injunctive relief to enforce its Business Licence Bylaw and Zoning Bylaw against the respondents, Mary Jane's Glass & Gifts & Briere. Until recently, the respondents operated a medical marijuana dispensary within the City. The City filed a petition for declarations the respondents were in breach of the Bylaws, with orders restraining them from carrying on business or selling marijuana without a business licence or City exemption. The respondents challenged the constitutional validity of the Bylaws based on...