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.

Charter of Rights - Criminal law - Arbitrary detention - Search and seizure - Evidence - Whether the trial judge erred in fact, on her ruling in the voir dire, that cannot be supported by the inconsistent evidence of the arresting officer - Whether the trial judge's misapprehension of the evidence would affect her analysis of s. 9 of the Canadian Charter of Rights and Freedoms - Whether the trial judge erred in law with respect to her analysis of s. 8 of the Canadian Charter of Rights and Freedoms - Whether the conviction was founded upon findings of fact that were tainted by errors and therefore resulted in an unfair trial.

The applicant was a passenger in a vehicle stopped by police. The driver indicated that the applicant had hidden drugs in the car. Drugs were found under the seat where the applicant was sitting and on his person after his arrest. At trial, the applicant applied to have the evidence excluded due to a breach of his s. 8, 9 and 10 Charter rights. He argued that the vehicle was not stopped for speeding, as stated by the police, but rather the police targeted the vehicle based on an informer’s tip. He argued that the police improperly questioned and searched him and the vehicle. The trial judge found that there was no Charter violation, admitted the evidence, and the applicant was convicted on all counts. His appeal was dismissed.