Case information

Charter of Rights — Search and seizure — Arbitrary detention — Applicable standard for justifying security search — Exclusion of evidence — Whether peace officer who interacts lawfully with individual is authorized to search them to ensure safety if they have reasonable suspicion that they possess weapon — Canadian Charter of Rights and Freedoms, ss. 8, 9, 24(2).

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The police conducted a routine check of the respondent, Abdel Karim Chemlal, with a view to giving him a statement of offence for an offence under the Highway Safety Code, CQLR, c. C 24.2. A firearm was discovered as a result of a pat down search conducted in an impromptu manner, while the respondent was waiting for his statement of offence to be issued. He was immediately placed under arrest for possession of a firearm. Subsequently, during the admission process at the operational centre, the police discovered crack cocaine. The respondent argued that the pat down search was abusive and rendered his arrest, as well as the searches that followed, unlawful. He therefore brought a motion to exclude the evidence at first instance based on alleged infringements of his rights guaranteed by the Canadian Charter of Rights and Freedoms. The trial judge dismissed the motion. The respondent was then convicted of three counts, that is, possession and concealed carrying of a prohibited firearm and possession of crack cocaine. He appealed the conviction. The majority of the Quebec Court of Appeal allowed the appeal, set aside the convictions and ordered the entry of acquittals. Bachand J.A., dissenting, would have dismissed the appeal.