POT SMELL NOT ENOUGH TO WARRANT SEARCH

SASKATOON -- The scent of marijuana wafting from an open car window
doesn't give an officer grounds to make an arrest and search a
vehicle, according to a recent decision from the Saskatchewan Court of Appeal.

But city police don't believe the verdict will deter them from
arresting dope-smoking drivers.

The ruling is centered around the case of Archibald Janvier. He was
driving alone in La Loche four years ago when pulled over by an RCMP
officer. His truck had a broken headlight.

The officer said he approached the vehicle and could smell burnt
marijuana from a metre away. Janvier, who now runs a business in Fort
McMurray, Alta., was immediately arrested for possession of marijuana
based only on the scent of the burnt joint.

The officer then searched the vehicle and found eight grams of
marijuana and what was thought to be a list of contacts -- which
resulted in the charge of possession for the purpose of trafficking.

"Until now police have used the smell of marijuana as reasonable
grounds to arrest someone for possession of marijuana," said Ronald
Piche, Janvier's lawyer. "It always struck me as a little thin
frankly. It's frankly a lazy officer's way of giving out a warrant
and getting to check a vehicle out and often times finding some evidence."

The case went to trial, and the judge found the arrest was a
violation of Janvier's Charter right to be free from unreasonable
search and seizure. The scent of marijuana indicated a suspicion that
it was smoked but didn't provide reasonable and probable grounds for
an arrest or a search, the judge concluded and excluded the evidence.
Janvier was declared not guilty.

The Crown appealed the verdict and the trial judge's decision was upheld.

The outcome is encouraging because the province's highest court has
taken a liberal interpretation of this law, Piche said.

Douglas Curliss, The Crown's lawyer, said the court's decision was
based on the fact that the officer didn't have any additional evidence.

The case will not go before the Supreme Court of Canada, Curliss said.