Case information

None.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Canadian Charter (Criminal) – Applicant convicted of production of cannabis and possession of cannabis for purpose of trafficking – Applicant alleging that trial judge erred in dismissing his motion alleging that evidence had been obtained in violation of his right to be secure against unreasonable search or seizure – Whether Court of Appeal erred in concluding that trial judge had correctly directed herself in law in dismissing Applicant's motion – Whether Court of Appeal erred in law as regards justification under s. 1 of Charter – Canadian Charter, s. 8.

The Applicant was convicted of production of cannabis and possession of cannabis for the purpose of trafficking. He alleged that the trial judge had erred in allowing the Crown to introduce evidence of seizures made at his home on September 20, 2002. In his view, that evidence had been obtained in violation of his right to be secure against unreasonable search or seizure, particularly since he alleged that the police had unlawfully invaded his land to look for evidence. However, the Court of Appeal concluded that the trial judge had not erred in dismissing the Applicant's motion. It found that the judge had not been shown to have erred in determining whether a right guaranteed by s. 8 of the Charter had been violated and that, even if such a violation had been demonstrated, the evidence should not have been excluded. The Court of Appeal therefore dismissed the Applicant's appeal.