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Application to lift interim closure of premises denied as illegal cannabis sales likely to resume.
The applicant, a residential tenant living above an unlicensed cannabis retail store, brought an application under section 18(4) of the Cannabis Control Act to lift an interim closure order that barred entry to the entire premises.
The premises had been repeatedly closed by law enforcement due to illegal cannabis sales, but the operators continually breached the closures.
The court dismissed the application, finding the applicant failed to satisfy the burden of proving that, if access were granted, the premises would not continue to be used for illegal cannabis sales with the landlord's permission.
Ontario has the authority to take up Treaty 3 lands without federal approval.
The plaintiffs, members of the Grassy Narrows First Nation, brought an action alleging that Ontario's issuance of a forestry licence in the Keewatin portion of Treaty 3 lands violated their treaty harvesting rights.
The trial judge found that Ontario could not take up lands in the Keewatin territory without Canada's approval.
The Court of Appeal allowed the appeal, holding that upon the transfer of beneficial ownership of the Keewatin lands to Ontario in 1912 pursuant to s. 109 of the Constitution Act, 1867, Ontario acquired the right to take up lands under the treaty without federal approval.
The Court found that the trial judge erred in interpreting the treaty as requiring a two-step authorization process and in finding that s. 91(24) gave Canada a continuing supervisory role over provincial land use.
