The Defence brought an application seeking a declaration that s. 12(3) of the Cannabis Control Act, which permits warrantless searches of vehicles and occupants for unlawfully stored cannabis, violates ss. 7 and 8 of the Canadian Charter of Rights and Freedoms, arguing it is unreasonable and overbroad.
The Crown contended the provision is constitutional, citing public safety and the regulatory nature of the Act.
The court dismissed the application, finding that s. 12(3) does not infringe either section of the Charter, is reasonable, and is justified by its regulatory purpose and the exigencies of vehicle searches.
