05/10/2012 10:15 EDT | Updated 07/10/2012 05:12 EDT

Supreme Court of Canada to consider use of sniffer dogs to find drugs

OTTAWA - The Supreme Court of Canada will hear the case of a Regina man who was charged after a police sniffer dog detected marijuana in the trunk of his car in 2006.

Benjamin Cain MacKenzie was acquitted of possession for the purpose of trafficking when the trial judge ruled the search was unconstitutional because the RCMP didn't have reasonable grounds to bring out the dog to check the closed trunk.

The police testified MacKenzie was sweaty and nervous after they stopped him for speeding.

The Saskatchewan Court of Appeal overturned the judge's ruling in May 2011 and ordered a new trial.

MacKenzie then sought leave to take his case to the Supreme Court.

His appeal will be heard in conjunction with another drug-sniffing dog case from Halifax.