The legal tenant is evicted from his apartment in Toronto, because the room was used as a point of illegal sale of cannabis, it has lost its claim for return, in which he challenged the constitutionality of the law under which he was deprived of housing.
In his ruling, Ontario judge stated that the resolution Jeffrey Brody to return home can result in the unlicensed retail store selling marijuana CAFE, will resume its activities at a given location.
In accordance with the law of the province “control the sale of cannabis,” police has the right to evict the residents and seal the building used for the illegal sale of cannabis, as long as appropriate charges are considered. The amendment, which entered into force in July, closed the loophole, which forbade the police to evict tenants.
Brody argues that the “draconian” law partly violates the rights provided by the Charter, as it allows you to evict law-abiding tenants and confiscate their property without due process. As well as forcing the evicted tenants to prove his innocence.
Despite a number of charges, orders to stop work and attempts to close the building, the CAFE has repeatedly renewed selling cannabis in a two-story building on Harbord Street. In July, the government placed concrete blocks to barricade the entrance. As a result, the CAFE staff began to trade directly on the street, but Brody lost the opportunity to sneak into his apartment on the second floor and the greater part of his property.
The tenant, which was not involved in the activities of the CAFE and said that he knew nothing about such(and the court took this into consideration), asked Supreme Court justice Peter Kavanagh to allow him to return to his apartment. He promised that if he was given the opportunity, he will not give building keys to employees of CAFE and inform the city administration, if the company still will resume its activities.
Cavanaugh’s promise was not convinced. According to him, the actions of Brody previously demonstrated that he cannot prevent the company from illegally sell cannabis, given the CAFE’s determination to continue its activities in this place.
Brody, who makes his living as a painter, said in a recent interview that since his eviction, he has to spend the night with friends, and sometimes in parks.
Kavanagh expressed his sympathy to the plight Brody said that perhaps the decision to close the building will be removed during the hearing of this matter on the constitutionality of what’s going to happen probably in January. At the same time, the judge said that Brody did not find enough strong arguments that he be allowed to go back now.
Brody’s lawyer, Selwyn Pieters, said that his client is angry and upset with the situation and plans to appeal the decision of the Cavanagh. It is unacceptable to put Brody in “impossible” situation, when the police require a law-abiding tenant to monitor the use of the rest of the building.