Summary

Keywords

Charter of Rights — Search and Seizure — Evidence — Admissibility — Whether applicant had a reasonable expectation of privacy — Whether applicant’s right against unreasonable search and seizure was infringed — Whether evidence ought to be excluded — Whether the Court of Appeal erred in overturning the trial judge’s ss. 8 and 24(2) Charter rulings — Whether the Court of Appeal erred in considering new issues on appeal — Canadian Charter of Rights and Freedoms, ss. 8, 24(2).

Summary

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Police obtained the applicant’s name and cell phone number from a motel and a car rental company, which led to a series of warrants resulting in eventual seizure of 46.9 kilograms of powder cocaine and 47.5 kilograms of crystal methamphetamine. The trial judge concluded that the applicant’s s. 8 Charter rights were infringed, and that the subsequent warrants were unlawfully obtained. The evidence of the seized drugs and records were excluded under s. 24(2) of the Charter. The Court of Appeal allowed the appeal and ordered a retrial. The Court of Appeal held that the applicant’s s. 8 Charter right was not infringed, and it would have admitted the evidence.

Lower Court Rulings