The Court of Appeal has overturned a Sydney provincial court judge’s decision that prohibited a 17-year-old Cape Breton girl from smoking marijuana.

The youth, who cannot be identified in accordance with the Youth Criminal Justice Act, was sentenced in 2021 to serve a 12-month probation period after being found guilty on charges that included theft, assault, mischief (property damage) and breaches of court orders.

Prosecutor Christa MacKinnon and defence lawyer Christa Thompson offered a joint sentencing recommendation which was accepted by Judge Dan MacRury.

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However, MacRury deviated from that recommendation by imposing an abstention clause in the probation order that prohibited the use, possession and consumption of marijuana.

Thompson appealed the decision to the Court of Appeal in Halifax and the Crown conceded the appeal should be allowed.

The recommendation from the Crown and defence lawyers allowed the youth to use marijuana in compliance with a medical doctor’s prescription.

The legal age to possess, consume, grow or use marijuana in Nova Scotia is 19.

The lawyers’ recommendation was based on a report by psychologist Jeffrey MacLeod who urged the court to accept a harm reduction approach to the youth’s marijuana use.

“As such, an approach that focuses largely on harm reduction and motivation to change is likely to be the most effective in the short term and expectations of abstinence are likely to be…

The Court of Appeal has overturned a Sydney provincial court judge’s decision that prohibited a 17-year-old Cape Breton girl from smoking marijuana.

The youth, who cannot be identified in accordance with the Youth Criminal Justice Act, was sentenced in 2021 to serve a 12-month probation period after being found guilty on charges that included theft, assault, mischief (property damage) and breaches of court orders.

Prosecutor Christa MacKinnon and defence lawyer Christa Thompson offered a joint sentencing recommendation which was accepted by Judge Dan MacRury.

Read more

However, MacRury deviated from that recommendation by imposing an abstention clause in the probation order that prohibited the use, possession and consumption of marijuana.

Thompson appealed the decision to the Court of Appeal in Halifax and the Crown conceded the appeal should be allowed.

The recommendation from the Crown and defence lawyers allowed the youth to use marijuana in compliance with a medical doctor’s prescription.

The legal age to possess, consume, grow or use marijuana in Nova Scotia is 19.

The lawyers’ recommendation was based on a report by psychologist Jeffrey MacLeod who urged the court to accept a harm reduction approach to the youth’s marijuana use.

“As such, an approach that focuses largely on harm reduction and motivation to change is likely to be the most effective in the short term and expectations of abstinence are likely to be…