Case information

Charter of Rights and Freedoms — Search and seizure — Exclusion of evidence — Criminal law — Whether trial judge can infer alternative subjective grounds for a search if police officer testifies regarding subjective belief as to the existence of reasonable grounds for a search —Whether trial judge can infer subjective reliance on a police power or statute if police officer explicitly dismisses reliance on that power or statute?

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.

Police officers arrested Mr. Knott inside a restaurant on outstanding arrest warrants. In a bag next to him, they found a loaded handgun, drugs, cash, drug paraphernalia and identification cards. A pickup truck in the restaurant parking lot was seized and towed to the police station. It was searched and police observed more drugs, firearms, ammunition and Mr. Knott’s identification. Mr. Knott challenged the seizure and search of the truck as breaches of s. 8 of the Charter of Rights and Freedoms. During cross-examination at the voir dire to determine the admissibility of the evidence found in the truck, the lead investigating officer agreed that he was not saying that he had relied on the Highway Traffic Act, CCSM c. H60. Pollack J. found no breach of s. 8 of the Charter and admitted the evidence from the truck. In part, he held that the police had authority under the Highway Traffic Act to seize the truck. Mr. Knott was convicted of firearms offences, drug offences and breaches of prohibitions based on the evidence from the restaurant and the truck. The Court of Appeal dismissed an appeal.