Pubdate: Wed, 13 Feb 2008 Source: Windsor Star (CN ON) Copyright: 2008 The Windsor Star Contact: http://www.canada.com/windsor/windsorstar/ Details: http://www.mapinc.org/media/501 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. - --- MAP posted-by: Derek