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Appeal dismissed; small containers in a vehicle's center console do not constitute baggage.
Ryan Burke appealed his conviction for transporting cannabis in a motor vehicle contrary to s. 12(1) of the Cannabis Control Act.
The appeal raised four grounds related to the statutory interpretation of "baggage" and "fastened closed" under s. 12(2)(b) of the Act.
The court dismissed the appeal, finding that the trial judge correctly applied the modern approach to statutory interpretation, did not err in defining "baggage" to exclude small pill bottles or the vehicle's center console, and was not required to make findings on whether the containers were "fastened closed" once they were determined not to be "baggage."
Small cannabis containers in a vehicle console do not constitute baggage fastened closed.
The defendant was charged with transporting cannabis contrary to section 12(1) of the Cannabis Control Act.
The defendant argued that the cannabis found in closed containers in the vehicle's centre console fell within the exception under section 12(2)(b), which permits cannabis that is "packed in baggage that is fastened closed." The court rejected this argument, finding that the containers themselves do not constitute "baggage" as ordinarily understood, and that even if closed, they must be packed within baggage that is fastened closed to qualify for the exception.
The court convicted the defendant, finding that the legislative intent of the Cannabis Control Act mirrors that of the Liquor Licence Act—to prevent ready access to the substance while operating or having care or control of a motor vehicle.
