Case information

Charter of Rights and Freedoms — Search and seizure — Criminal law — Employees of courier company being informed by police of illegal drug shipments — Employees setting aside packages delivered to them for purposes of police retrieval — Police seizing packages — Packages containing drugs — Whether state agency relationship existed?

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.

Packages shipped from a Loomis Express depot were found to contain methamphetamine. RCMP officers attended at the Loomis Express depot to inform the employees at the depot and to make inquiries. After the police spoke with Loomis employees, Mr. McGuire presented additional packages. They were processed by Loomis employees but set aside to be seized by the RCMP. Loomis employees made observations of the vehicles used by Mr. McGuire and the presence of another person. Police began surveillance. After another package was delivered, police stopped and arrested Mr. McGuire and Mr. Pham, and conducted searches that yielded evidence of drug and firearms offences. Mr. Pham raised multiple Charter challenges including a claim that the Loomis Express employees were state agents and s. 8 of the Charter of Rights and Freedoms was engaged in respect of their conduct. The trial judge concluded that they were not state agents. Mr. Pham was convicted on multiple counts of trafficking, possession for the purpose of trafficking, and firearms offences. The Court of Appeal held that the trial judge erred in his approach to determining whether a state agency relationship existed. It allowed an appeal, set aside the convictions, and ordered a new trial.