Summary

Keywords

Charter of Rights and Freedoms — Arbitrary detention — Criminal law — Appeals — Arrest —Where an arrest is based on an erroneous legal presumption, is the arrest unlawful — On what basis can an appellate court dismiss an error in the trial judge’s reasoning as immaterial?

Summary

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Niagara Regional Police Service investigating a confidential drug trafficking tip and responding to a 911-call regarding a woman who overdosed on fentanyl observed Mr. Harvey and an accomplice engaging in activity that they considered suspicious and connected to drug trafficking. The officers decided to arrest Mr. Harvey and his accomplice for possession of narcotics. After Mr. Harvey complied with a direction to step out of his vehicle, he lunged for a satchel inside the car. He was pinned to the ground and arrested for possession of narcotics. The officers searched the satchel and discovered two shot gun shells. They searched the trunk of the vehicle and found a sawed-off shotgun. Mr. Harvey was charged with firearms offences. Mr. Harvey brought a motion to exclude the evidence for breaches of ss. 8 and 9 of the Charter. The motion was dismissed and he was convicted of firearms offences. His appeal from the convictions was dismissed.

Lower Court Rulings