Case information

Charter of Rights — Criminal law — Search and seizure — What is the correct test to justify a pat-down safety search incident to an investigative detention? — Is the correct legal threshold to justify a pat-down safety search “reasonable suspicion” or “reasonable grounds to believe” that safety is at risk? — Is a reasonable apprehension of an imminent threat to safety a pre-requisite to determining that a pat-down safety search is necessary in the circumstances? — Do police have the same pat-down safety search powers incidental to detention that they have incidental to arrest? — Charter of Rights and Freedoms, s. 8.

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.

During a Motor Vehicle Act stop, the police observed that the applicant appeared startled when the police drove past him in a high crime area. He appeared agitated and nervous when he was pulled over. The police decided to conduct a pat-down search because of safety concerns arising from the applicant’s behaviour, and when the officer attempted to do this, she noticed the applicant tried turning one side of his body away from her where he had a bag hanging across his body. The police observed what they believed to be drug paraphernalia and detained the applicant for a drug investigation. Upon continuing the pat-down search, the police felt a gun in the applicant’s bag and arrested him, and further advised him of his Charter rights. The trial judge held a voir dire to determine whether the applicant’s ss. 8 and 10(b) Charter rights were violated. The judge held that the applicant’s Charter rights were not violated. The applicant was convicted of six firearms offences. The Court of Appeal dismissed the appeal.