SMELL OF SMOKE CAN NO LONGER SPARK MARIJUANA SEARCH

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, and then search his or her vehicle without a
warrant.

The ruling is centred around the case of Archibald Janvier. Four years
ago, he was driving in La Loche, Sask., 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. Mr.
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 Mr.
Janvier also being charged with possession for the purpose of
trafficking.

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

"The smell alone can't constitute the grounds, because the smell of
burnt marijuana -- as opposed to raw marijuana -- gives an inference
that the material is gone, it's dissipated into the atmosphere. So how
can you say you're in possession of something that doesn't exist?"
said Ronald Piche, Mr. Janvier's lawyer.