Case information

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Charter – Criminal law – Sections 8 and 10 – Whether police can delay providing a detainee with the reasons for his detention – What is the effect of purporting to authorize an infringement of non-section 8 Charter rights on a warrant to search?

The applicant was acquitted of charges of conspiracy to traffic in methamphetamine and possession of methamphetamine for the purposes of trafficking. He and others were under surveillance as part of a drug investigation. From intercepted communications, police believed the applicant would be transporting drugs by car from British Columbia to Alberta. A General Warrant was obtained to allow police to stop the applicant and search his vehicle. The warrant stated that a ruse could be used to stop the car. The applicant was stopped for speeding and his car was searched. He was not advised initially of the full reason for his detention, although the arresting officer told the applicant within minutes of the initial stop that he was being detained due to suspicion of possession of drugs and that a drug dog would be used to search his vehicle. He was advised of his right to counsel. A quantity of methamphetamine was found. The trial judge found that the applicant’s rights had been infringed and excluded the evidence of the search. The Court of Appeal set aside the acquittals and ordered a new trial.