Case information

Charter of Rights — Criminal law — Arbitrary detention — Right to counsel — Whether subjective belief of police officers that applicant had in his possession more than 30 grams of cannabis, which was based only on observing bag containing substance, was objectively reasonable in circumstances given, in particular, fact that evidence demonstrated that that quantity was 19.5 grams — Whether powers of detention for purposes of investigation allowed police officers to compel applicant to get out of his vehicle in specific circumstances of this case — Whether fact that police officer ordered applicant to get out of vehicle in order to ask him questions constituted distinct violation of his right protected by s. 10(b) of Canadian Charter of Rights and Freedoms — Canadian Charter of Rights and Freedoms, ss. 9, 10(b) and 24(2).

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The police received a call for a possible drug deal, and they intercepted the vehicle and its occupants corresponding to the call. When the applicant got out of the vehicle, the police officer observed cannabis in “plain view”. He proceeded to arrest him. At the time of the identification, the police officer saw quantities of cocaine, crack, about $5,000 in cash and a cellular telephone.
He proceeded to arrest him a second time on the basis of his new grounds of possession of narcotics for the purpose of trafficking. The trial judge dismissed the motion to exclude evidence based upon infringements of the Charter and found the applicant guilty of three of the four offences charged. The Quebec Court of Appeal dismissed the appeal.

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