COURT UPHOLDS MARIJUANA RULING

SASKATOON - The Saskatchewan Court of Appeal has upheld a decision
stating the smell of burnt marijuana isn't enough evidence to arrest
someone for possession of the drug, and then search his or her vehicle
without a warrant.

The ruling in centred around the case of Archibald Janvier. Four years
ago he was driving in La Loche, Sask., which is about 600 kilometres
north of Saskatoon, when he was pulled over by an RCMP officer because
his truck had a broken headlight. The officer approached the vehicle
and smelled marijuana smoke. Janvier was arrested for possession of
marijuana based on the smell.

The officer then searched the vehicle and found eight grams of the
drug and what was thought to be a list of contacts -- which led to
Janvier also being charged with possession for the purpose of
trafficking.

The case went to trial and the judge found Janvier's charter right to
be free from unreasonable search and seizure had been violated. The
judge excluded the evidence and Janvier was declared not guilty.