| May 2, 2008 | BC: Drug Case Dropped Due To Court Delay Charges have been dropped against two men accused of trafficking pot because of an excessive delay in bringing the case to trial.
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| May 1, 2008 | Sniffing Out the Larger Implications of the Dog Sniff Cases Dogs "Search" When they Sniff for Narcotics
Most importantly, all nine justices (essentially) agreed that when a police dog trained to sniff out narcotics focuses its olfactory powers on an individual's knapsack or luggage, the target's reasonable privacy expectations are encroached upon. In other words, this constitutes a "search" for s. 8 Charter purposes, a conclusion that triggers the "reasonableness" requirements of the guarantee.
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| Apr 25, 2008 | Supreme Court Muzzles Sniffer Dogs The use of drug-sniffing police dogs in the random search of a southwestern Ontario school and a Calgary bus terminal was unconstitutional, the Supreme Court of Canada ruled Friday.
In a 6-3 decision, the top court ruled that the actions breached Section 8 of the Charter of Rights and Freedoms, which covers what constitutes reasonable search and seizure.
The ruling, which could have an impact on police powers across the country, centred on two cases.
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| Apr 23, 2008 | Pot Church Fights For Home Defence lawyer Peter Boushy argued it was one thing for the Crown to
seek the forfeitures of marijuana grow operations where property
owners stood to make hundreds of thousands of dollars in the proceeds
of crime. It was another matter entirely, he said, for the Crown to
seize the primary residence of two aging men who had sold $70 worth of
pot to an undercover cop.
Total abuse of the system - under these circumstances, millions of Canadians could risk losing their homes... |
| Apr 21, 2008 | Hundreds Turn Out For Pro-Pot Rally Niagara Falls - Hundreds who believe Canadians should have the right to smoke up without fear of being charged took to the streets of Niagara Falls Sunday afternoon to draw attention to their cause.
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| Apr 21, 2008 | ON: Pot Lovers Light Up, Party at Festivities in Victoria London - Hundreds of doobie devotees celebrated the most important date on the pothead calendar yesterday by getting lit at London's Victoria Park. A cloud of marijuana smoke wafted into the air at about 4:20 p.m., on the 20th day of the fourth month of the year
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| Apr 21, 2008 | MB: Thousands Celebrate Love of Earth, Weed Winnipeg - Security guards and police officers watched on the sidelines as the Manitoba Legislative Building grounds went up in smoke on Sunday.
The grass didn't catch fire but thousands of people lit up marijuana joints or fired up their bongs to protest the criminalization of the drug.
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| Apr 15, 2008 | Midlife Toking on the Rise An increasing number of adults - particularly those in their 30s and 40s - are using marijuana, according to a new Ontario-wide report that reflects what experts describe as a growing cross-country trend.
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| Apr 14, 2008 | Medical Pot Users On Hook For $500,000 OTTAWA -- Medical marijuana users are on the hook for more than $500,000 in unpaid bills for government-certified weed, raising questions about the effectiveness of Health Canada's troubled dope program
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| Mar 31, 2008 | Ontario Makes Case For Random Police Questioning he Supreme Court is expected to revisit a rule it established 11 years ago that said evidence obtained by police when people are forced to incriminate themselves after their Charter rights have been violated may not be used against them in a trial.
The April 24 hearing stems from an appeal filed by Donnohue Grant, who was convicted of gun possession charges in 2004.
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| Mar 20, 2008 | Are RCMP Baggage Searches Legal? Serious legal and constitutional questions surround RCMP tactics involving baggage searches at Canadian bus stations, train stations and airports.
This practice has gone on in Canada for several years now, as part of the RCMP's national Jetway program. Jetway targets people travelling with drugs, contraband, weapons or explosives by plane, bus or train. It's part of a larger RCMP program that also deals with people travelling in private vehicles and trucks.
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| Mar 20, 2008 | Controversial Law Used To Seize Property The legislation allows the province to confiscate property used in crime or obtained from the proceeds of crime without any criminal charges or convictions.
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| Mar 18, 2008 | NS: Simpson's Sentenced To Time Deemed Served AMHERST - Rickey Logan Simpson has twice been convicted of drug charges and has twice been a free man the same day as his sentencing.
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| Mar 12, 2008 | Pot Seed Sales Do Not Warrant Export Finally, a court ruling that puts in perspective the five to 10 years' imprisonment that B.C. cannabis crusader Marc Emery faces in U.S. prison for selling pot seeds.
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| Mar 6, 2008 | Prince Of Pot Still In Limbo The fate of Vancouver's Prince of Pot is still uncertain after his extradition hearing yesterday was again postponed while Canadian and American prosecutors negotiate how to legally sentence him in both countries.
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| Feb 25, 2008 | Constitutional Challenge Launched Over Search Warrant Windsor defence lawyer Frank Miller has brought a constitutional challenge over the way Windsor police put together search warrants in drug cases, citing s. 8 of the Charter, which protects against unreasonable search or seizure.
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| Feb 20, 2008 | Vancouver Police Raid The Herb School and Arrest Activist David Malmo-Levine The Vancouver Police raided the Vancouver Herb School, arresting David Malmo-Levine and others. Malmo-Levine was taken into custody at 12:30pm Pacific time, and charges are pending for Trafficking, Possession for the Purpose of Trafficking, and (possibly) Possession of Paraphernalia. He will be kept in custody overnight. Lawyer Kirk Tousaw has been secured to represent Malmo-Levine tomorrow morning.
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| Feb 20, 2008 | BC Marijuana Smoker Wins Human-rights Ruling The B.C. Human Rights Tribunal has ruled that a window contractor discriminated against an employee because his physical disability allowed him to smoke medical marijuana.
The company has been told to pay $500 for injury to the man's dignity, feelings and self-respect.
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| Feb 18, 2008 | More Illegal Search Evidence Allowed A Canadian phenomenon in the criminal justice system was highlighted again by two recent rulings by provincial courts of appeal. Evidence obtained by police after a breach of an individual's constitutional rights may still be used in court in Canada, unlike the United States where it would automatically be excluded.
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| Feb 13, 2008 | SN: Smell of Burnt Pot Not Enough for Arrest: Court 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.
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