R E G I N A   V.   C A I N E   A R C H I V E

Regina v. Caine was a constitutional charter challenge on behalf of Victor Eugene Caine (aka Randy Caine), asserting that Parliament's creation of the offence of simple possession of marijuana pursuant to the Narcotic Control Act or the Controlled Drugs and Substances Act was unconstitutional in that it violated Mr. Caine's rights under s.7 of the Canadian Charter of Rights and Freedoms. In this archive, you will find materials outlining, supporting and detailing the Caine case and its significance. These materials will allow you to discover the facts, outline who the players and experts were in the case and learn about their views and testimony. Justice F.E. Howard's decision is also online. Some related documents are listed below:
  •  Factum for the Malmo-Levine case, submitted to the Supreme Court of Canada
  •  Factum for the Clay case, submitted to the Supreme Court of Canada
  •  Ontario Supreme Court decision in R. v. Clay (delivered August 14, 1997)
  •  Ontario Court of Appeal decision in R. v. Clay (delivered July 31, 2000)
  •  Joint legislative facts submitted to the Supreme Court of Canada
  •  Attorney General of Canada's Respondent's Factum (October 10, 2002)
  •  Intervention Factum of the Canadian Civil Liberties Association (November 13, 2002)
  •  Intervention Factum of the BC Civil Liberties Association (November 13, 2002)
  •  Intervention Factum of the Attorney General for Ontario
  •  Supreme Court of Canada's decision to adjourn the appeals (delivered December 13, 2002)
  •  Letter from Conroy & Company to the Minister of Justice & Attorney General of Canada (January 13, 2003)
  •  Letter from David Malmo-Levine to the Minister of Justice & Attorney General of Canada (January 20, 2003)
  •  Transcript of Appeal Hearing in Supreme Court of Canada December 13, 2002
  •  Transcript of Appeal Hearing in Supreme Court of Canada May 6, 2003 (Word document)
  •  Letter from S. David Frankel, Q.C. to Madam Roland at the Supreme Court of Canada July 15, 2003
  •  Letter from Paul Burstein to Madam Roland at the Supreme Court of Canada July 17, 2003
  •  Case referred to in both letters to Madam Roland R. v. Murdock [2003] O.J. No. 2470
  •  Case referred to in Burstein's letters to Madam Roland R. v. Schedel [2003] B.C.J. No. 1430
The daily courts transcripts from the original Caine trial are also included in one zip file available for download to your computer. Extract the zip file to a directory of your choice using Winzip® or other compatible compression program and open the file "index.htm" using your web browser. The files can also be printed using your web browser if you who prefer to read the transcripts from paper.

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