As part of a Red Tape reduction package, the Government of Ontario released draft amendments to the Cannabis License Act to permanently allow cannabis retail stores to offer delivery and curbside pick-up services.
Our team reviewed the proposed amendments and one particular change offered some further consideration and opportunity for conversation.
Currently, Section 32 contains this wording:
Searches in exigent circumstances
32 (1) An investigator may exercise any of the powers described in subsection 30 (2) without a warrant if the conditions for obtaining the warrant exist but, by reason of exigent circumstances, the investigator determines that it would be impracticable to obtain the warrant.
The proposed amendment:
Warrantless search of conveyances
32.1 (1) In this section, “vehicle” means a motor vehicle, trailer, traction engine, farm tractor, road-building
machine, bicycle or motorized snow vehicle, other than a street car, and includes
anything attached to the vehicle.
Same
(2) For any purpose relating to the administration and enforcement of this Act and
the regulations, an investigator designated for this section by the Registrar who
reasonably believes that a vehicle, a vessel, railway equipment on rails or an aircraft
contains evidence of a contravention of this Act or the regulations may,
(a) without warrant, stop and detain it;
(b) examine its contents, including any cargo, manifests, records, accounts,
vouchers, papers or other documents that may afford evidence of the
contravention; and
(c) subject to subsection (3), seize and take away any of the manifests, records,
accounts, vouchers, papers or other documents and retain them until they are
produced in a court proceeding.
Here are some of the questions we immediately have on this proposed change:
- How will cannabis delivery vehicles be identifiable? Will there be usage of personally owned vehicles or will corporate branded vehicles be mandated?
- Can warrantless searches be done outside of work/delivery hours?
- If you are an employee qualified through CannSell, will a search or investigation affect your standing?
- Who will be the investigators designated by the Regulator to be allowed to perform searches? Will this include the RCMP or OPP?
- How are investigations reported to the retailer?
Warrantless searches outside of exigent circumstances are a slippery slope, especially in an industry that already struggles with shedding the stigma around the illegal market. What do you think? We’d love to hear your thoughts as we prepare a response document to the Government of Ontario. Email us at hello@diplomatconsulting.com.
