The prosecution alleged that the corporate landlord knowingly permitted premises to be used for the unlawful sale of cannabis contrary to s. 13(1) of the Cannabis Control Act, 2017.
The court held that an agreed statement of facts entered on consent under s. 46(4) of the Provincial Offences Act was binding and conclusively established that no cannabis licence had ever been issued for the business operating at the premises.
On the evidence, including the lease terms, the notice of contravention, and the landlord's own testimony, the court found the mens rea element proven beyond a reasonable doubt.
The court rejected the statutory defence under s. 13(2), holding that letters to the tenant without meaningful enforcement steps, legal action, lock changes, attendance, or police involvement were not reasonable measures in the circumstances.
A conviction was entered.
