Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses marijuana arrests.
Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.
After being pulled over for speeding, Mr. Lotfy was arrested for the possession of a controlled substance after Constable Innes detected an odour of marijuana and conducted a search of the vehicle.
During trial, Mr. Lotfy argued that the officer violated his rights by arresting him for possession when he did not know whether or not Mr. Lotfy was entitled to have marijuana for medical purposes. Mr. Lotfy appealed his conviction and argued at the Court of Appeal that because the marijuana regulations allow for authorized possession in certain circumstances, an officer must inquire about this prior to making an arrest.
The Court of Appeal disagreed.
This case is very important as we are transgressing into legalization because many people are going to find themselves arrested for possession of marijuana because it will be lawful to possess in certain circumstances. Whether or not a person can be arrested for marijuana and whether that possession is lawful, needs to be determined by the Supreme Court of Canada.
This was an opportunity for the Supreme Court of Canada to get a jump on an issue regarding lawful and unlawful possession of marijuana once we have partial legalization, but unfortunately they declined to do this.
Watch the video for more.
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