Summary

36970

Wayne Rodney Fedan v. Her Majesty the Queen

(British Columbia) (Criminal) (By Leave)

Keywords

None.

Summary

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Charter of Rights – Search and Seizure – Remedy – Police obtained warrant authorizing forensic search and seizure of blood, DNA, fingerprints, personal effects and documentation in applicant’s vehicle relating to registration, insurance and maintenance logs – Warrant did not specify seizure of the manufacturer-installed sensing diagnostic module (SDM) embedded underneath the floor of the driver’s seat or a search of its data – Whether the applicant had a reasonable expectation of privacy in the SDM and its data – Whether applicant’s s. 8 Charter rights violated – Whether any evidence obtained in violation of the applicant’s s. 8 Charter rights should be excluded pursuant to s. 24(2) of the Charter – Charter of Rights and Freedoms, ss. 8 and 24(2).

The applicant was the owner and operator of a pick-up truck involved in a single vehicle accident where two passengers died. Following the accident, the applicant’s truck was lawfully seized without a warrant pursuant to s. 489(2) of the Criminal Code. Two days later, the police obtained a warrant to search the vehicle. It did not specify the seizure of the manufacturer-installed SDM embedded underneath the floor of the driver’s seat or a search of its data. A voir dire was held on the admissibility of the SDM data. The trial judge held that the applicant had no subjective expectation of privacy in the SDM data and; therefore, its warrantless seizure and search did not violate his s. 8 Charter right. In the alternative, the trial judge would have admitted the evidence under s. 24(2) of the Charter. The applicant was convicted of two counts of dangerous driving causing death. The Court of Appeal dismissed the conviction appeal

Lower Court Rulings

September 5, 2014
Supreme Court of British Columbia

91944-2, 2014 BCSC 2527
Conviction: two counts of dangerous driving causing death
January 25, 2016
Court of Appeal for British Columbia (Vancouver)

CA42318, 2016 BCCA 26
Appeal against conviction dismissed