Food and Drugs Act (Can.) supported inclusive interpretation of definition of “drug”

Ontario criminal | Drug offences

General

Food and Drugs Act (Can.) supported inclusive interpretation of definition of “drug”

Between March 2008 and January 2010, accused marketed and sold products that contained 1-Benzyl-Piperazine (“BZP”), substance similar to amphetamine. During that time, BZP was not listed under any schedule in Food and Drugs Act (Can.) (“FDA”) or Controlled Drugs and Substances Act (Can.). Health Canada warned accused that it considered BZP to be drug, and requested that he apply for necessary approvals and licences. Accused was eventually charged with regulatory offences under FDA and regulations. Accused’s application for directed verdict was dismissed. Accused was convicted. Accused appealed. Appeal dismissed. Definition of “drug” in FDA applies to all substances manufactured, sold, or represented for use in modifying organic functions, regardless of whether substance is intended for medicinal, therapeutic or recreational use. Legislative history and relevant Hansard evidence suggested that intention of legislature was that definition of “drug” would extend beyond merely therapeutic or medicinal uses. Greater statutory context and its legislative history did not support accused’s restrictive interpretation. FDA supported inclusive, rather than restrictive interpretation of definition of “drug”. BZP was advertised as preventing addiction to other more harmful substances, and statement fell squarely within offence set out in s. 3 of FDA.
R. v. Wookey (Aug. 5, 2016, Ont. C.A., E.E. Gillese J.A., David Watt J.A., and M. Tulloch J.A., CA C58019) Decision at 105 W.C.B. (2d) 94 was affirmed. 132 W.C.B. (2d) 336.

Free newsletter

Our daily newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please complete the form below and click on subscribe for daily newsletters from Law Times.

Recent articles & video

Insurance lawyers reveal their referral philosophies

Court of Appeal rules auto insurer not liable for parental negligence claim stemming from accident

Refugee lawyers speak out on federal election campaign rhetoric

Employees of Aboriginal Legal Services join major union

Pro Bono Ontario to rename Ottawa help centre after David Scott

Chasm in opinions remains after statement of principles repeal

Most Read Articles

New equality measure approved by Law Society of Ontario as the statement of principles gets repealed

Judges call out lack of support for legal aid, pro bono amid MAG presence

Chasm in opinions remains after statement of principles repeal

Law students, paralegals can continue working on the same summary conviction matters