In an effort to clarify when drug sniffing dogs may be used by police, the Supreme Court of Canada has agreed to hear two cases involving the use of sniff searches by the RCMP.

Both cases both involve men who were charged with drug possession after a sniff search was conducted by police dogs. The men were later acquitted after the courts determined that the police did not have "reasonable suspicion" to use the dogs, which made the evidence inadmissible. However, both men's acquittals were over-turned in appellate courts.

"Clearly you can conclude that the Supreme Court considers that the issue will extend across the country, will affect the use of sniffer dogs in the future, and also feels that it is necessary to clarify or redefine the law that's applicable in that area," said Ira Nishisato, national leader of the Commercial Litigation Group at Borden Ladner Gervais LLP (BLG). "It's clear that they feel that the law in that area needs to be resolved."