Summary

35822

Ryan Paul Day v. Her Majesty the Queen

(Newfoundland & Labrador) (Criminal) (As of Right)

Keywords

None.

Summary

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Charter of Rights - Criminal law - Arbitrary detention - Unreasonable search and seizure - Exclusion of evidence - Canadian Charter of Rights and Freedoms, ss. 8, 9 and 24(2).

The appellant was acquitted of possession of marihuana for the purpose of trafficking. The trial judge found that the appellant’s arrest was unlawful and that his s. 8 and 9 Charter rights had been infringed. Marihuana evidence, cell phones and drug paraphernalia were excluded pursuant to s. 24(2) of the Charter. The Crown appealed, arguing that the appellant’s arrest was lawful and that his s. 8 and 9 Charter rights had not been breached. Alternatively, the Crown argued that even if his Charter rights had been infringed, the trial judge erred by excluding the evidence. A majority of the Court of Appeal allowed the appeal and ordered a new trial. Rowe J.A., dissenting, would have dismissed the appeal.

Lower Court Rulings

March 11, 2014
Supreme Court of Newfoundland and Labrador - Court of Appeal

13/05, 2014 NLCA 14
Appeal allowed and new trial ordered