Canadian Lawyer - sample

w w w . c a n a d i a n l a w y e r m a g . c o m M A R C H 2 0 1 9 47 comes out mostly in the promotion" of cannabis, of which advertising is a subset. The prohibitions are based on those of tobacco advertising, though the consequences of breaches are less severe, he says. Tousaw believes the current restrictions placed on advertising cannabis products "infantilize the consumer and treat cannabis as a substance that is significantly dangerous when it isn't. . . . Our [cannabis product] labels are as sterile as they can get, with big stop signs on them; this is ridiculous stuff that cannot last," he says, adding that he sees a Charter challenge as "winnable." Risks and rewards It's a market with many players, both large and small, and high investor interest. Yet scrutiny comes with that, and smaller com- panies may not be used to that or to the requirements that come with going public, says McCann. So, they may issue press releases that put them offside securities regulations. He cites the case of one company, an integrated cannabis group, that issued a press release on a deal that had been made with a medical marijuana company that attracted a lot of interest. Not all of it was positive, with detractors saying the nature of the company was not really changing much. "Then, the stock crashes, and it leads to securities class actions. "How do claims play out in a gold rush scenario?" McCann asks. "If you're an insurer, you need to understand and charac- terize it. How do I understand how they're operating, and what parallels can I draw to other situations I've seen before?" Lawyers working in the sector also warn about the types of clients a lawyer or firm takes on. "B.C. has had a culture of deciding not to enforce, resulting in a bunch of people running illegal businesses," says Wood. "Now, a lot of them are trying to transition to the regulated market. . . . In a situation like that, read your code of ethics and make sure you're not taking proceeds of crime" from companies that may still be operating illegally. "That's the biggest one specific to the industry." McCulloch and Hulton concur. "We think the industry is a positive one and that the past prohibition was foolish," says McCulloch. "But as in any industry that's in a changing legal landscape, there are certain individuals involved then, and still involved, who are perhaps not folks who would listen to lawyers like us, because they haven't utilized our services." The risks in working in the cannabis sector are far outweighed by the rewards, though. "It's the gift that's just going to keep on giving," Hulton quips. "I want to send a fruit basket to Health Canada! It will continue to benefit our bottom line," she adds, noting her firm's "bench strength in being cross-border. Because [Dickinson Wright is] so well known in the U.S., we have a really steady influx of work, and we're hiring more associates to handle this." Cannabis is "a viable business that will make money for every- body," Spiegel Sohmer's Szwimer agrees. "It's like a cash cow at the end of the day, for everybody." L E G A L R E P O R T © 2018 Thomson Reuters Canada Limited 00254ZV-A94656-CM Available risk-free for 30 days Online: store.thomsonreuters.ca Call Toll-Free: 1-800-387-5164 | In Toronto: 416-609-3800 Order # L7798- 8820-65203 $150 Softcover November 2018 approx. 300 pages 978-0-7798-8820-7 Multiple copy discounts available Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. New Publication Cannabis Law Bruce A. MacFarlane, Q.C., Robert J. Frater, Q.C., and Croft Michaelson, Q.C. From the author team of Drug Offences in Canada, Cannabis Law is your practical guide to all aspects of the new Cannabis Act and regulations – including the complementary provincial, territorial, municipal, and Indigenous laws and regulations. This indispensable resource covers the following topics: • Federal regulation – Cannabis Act and regulations • Provincial, municipal, territorial, and Indigenous regulations • Criminal and regulatory offences • Penalties • Medical cannabis • Workplace and human rights issues • The business of cannabis – commercial law issues For additional research, a handy reference section provides a listing of cannabis-related websites organized topically. Cannabis Law is essential reading for lawyers, law enforcement/police, municipalities, educators, and businesses interested in participating in the emerging cannabis-related market. Effectively navigate the complicated new world of legalized cannabis in Canada Keep up with key cannabis-related legislation from across Canada Available risk-free for 30 days Online: store.thomsonreuters.ca | Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Order # L7798-8917- 65201 $145 Softcover approx. 890 pages February 2019 978-0-7798-8917-4 Annual volumes supplied on standing order subscription Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. Selected by the author team of Cannabis Law Get all the significant cannabis-related statutes and regulations from across Canada in this extensive new guide from the author team of Cannabis Law. This annual text is a handy guide to the the most important cannabis- related statutes and regulation from all jurisdictions in Canada and to understanding the complex world of cannabis law. No other title consolidates such information in one portable volume. Cannabis Law: The Legislative Framework – 2019 Edition is a very useful companion volume to the wide variety of subjects discussed in Cannabis Law. New Publication Cannabis Law: The Legislative Framework – 2019 Edition Bruce A. MacFarlane Q.C., Robert J. Frater, Q.C., and Croft Michaelson, Q.C. © 2019 Thomson Reuters Canada Limited 00255UQ-94808-NP

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