RE:RE:RE:RE:Liberal's excise tax on cannabis products (retail, not Companies should get together and sue the government. It might be the only language they understand.
Duty of Care: The government has a duty of care to effectively implement and enforce the Cannabis Act, which includes ensuring the proper regulation and control of cannabis production, distribution, and sales. Despite the legalization of cannabis, the persistence of a significant black market indicates a failure to fulfill this duty. The government's negligence in adequately addressing the black market undermines the intent and purpose of the legislation.
Breach of Legislative Intent: The purpose of legalizing cannabis was not only to regulate its use but also to diminish the black market and associated criminal activities. The fact that 40% of sales continue to occur in the black market five years after legalization demonstrates a breach of the legislative intent. The government's failure to effectively address the black market undermines the overall objectives of the Cannabis Act.
Ineffective Allocation of Resources: The government's failure to allocate the tax revenue generated from legal cannabis sales towards enhancing the enforcement of the Cannabis Act can be seen as a violation of its duty to allocate resources appropriately. The funds collected through taxation should be used to bolster law enforcement efforts, strengthen regulatory bodies, and support public education campaigns. Neglecting to utilize these funds for their intended purposes is a breach of the government's responsibilities.
Failure to Mitigate Harms: The presence of a thriving black market perpetuates numerous harms associated with illegal drug trade, including the potential for unsafe products, organized crime involvement, and limited control over cannabis distribution. The government has a legal obligation to protect the health and safety of its citizens, and its failure to effectively address the black market undermines this duty. By neglecting to enhance enforcement measures, the government contributes to the persistence of these harms.
Contravention of Equality Rights: The government's negligence in applying the Cannabis Act disproportionately affects legal producers and sellers who comply with regulations and pay taxes. The excessive tax burden placed on legal businesses, coupled with the lack of enforcement efforts against the black market, creates an unequal playing field. This contravenes the principle of equality under the law and could potentially be viewed as discriminatory treatment against legal cannabis enterprises.
In summary, the government's negligence in applying the Cannabis Act in Canada can be argued based on a breach of its duty of care, failure to fulfill legislative intent, ineffective allocation of resources, failure to mitigate harms associated with the black market, and potential contravention of equality rights. These factors highlight the government's failure to properly enforce the legislation, leading to the persistence of the black market and its detrimental effects on the legal cannabis industry.