The Yukon Supreme Courtroom has declined to assessment a call by the territory’s Hashish Licensing Board.
The choice in query regards a hashish retailer that had been proposed by Neighborhood Hashish Inc. The shop had been set for a location on Second Avenue in a unit adjoining Domino’s Pizza. It drew objections throughout the licensing course of, based on its proximity to Montessori colleges.
These in opposition informed the licensing board that the hashish retailer was to be situated inside 150 metres of each “the Casa,” a preschool and kindergarten, and the “New Montessori Faculty.” The Yukon Montessori Society operates each colleges. The New Montessori Faculty had not opened on the time of the licensing hearings.
Part 11 says the Hashish Management and Regulation Normal Regulation requires hashish retailers to be situated greater than 150 metres from elementary or secondary colleges.
Through the licensing course of, Neighborhood Hashish posited that the Montessori colleges weren’t colleges as outlined within the hashish laws, so the proposed retailer location didn’t violate them.
The Hashish Licensing Board discovered that the colleges met the definition set out within the laws, so no license was granted. The judicial assessment that Neighborhood Hashish requested in Yukon Supreme Courtroom this March asks the courtroom to quash the board’s earlier resolution and order {that a} license be issued.
Within the written resolution issued on Oct. 10, the decide weighed whether or not arguments raised for the primary time within the request for judicial assessment might be thought of or if these can be higher heard by the Hashish Licensing Board.
Neighborhood Hashish walked again its assertion made throughout the licensing course of that the colleges didn’t meet the definition as set out within the act as a result of it was not staffed or overseen by the Yukon authorities.
Within the judicial assessment software, Neighborhood Hashish deserted that argument, ptead submitting that the New Montessori Faculty was not an elementary college or secondary college as outlined in laws as a result of it had not opened when the licensing listening to was heard. The corporate additionally claimed that the varsity would violate a Metropolis of Whitehorse zoning bylaw and the Yukon’s Training Act if it did open. The corporate moreover argued that the Casa is a preschool, so it isn’t a faculty as outlined within the act.
Choose Karen Wenckebach concluded that the courtroom wouldn’t make selections relating to the brand new points raised by Neighborhood Hashish, citing the Hashish Licensing Board’s experience in coping with a number of the points raised and an inadequately supported place relating to the colleges’ supposed breaches of zoning or laws.
Wenckebach discovered that the licensing board’s resolution to disclaim a license to the hashish firm was cheap and justified in gentle of the authorized and factual constraints enjoying into the choice.
Contact Jim Elliot at
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