R. v. Boyce

R. v. Boyce

The stop was a non‑adversarial, regulated‑activity intervention by officers who had articulable cause (based on the context, time, location and belief the ATV would be driven on the highway); therefore the detention was not arbitrary and s.9 was not breached.

Citation
2004 NSPC 33
Parties
Crown: Her Majesty the Queen; Accused: Shawn Edward Boyce
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
21 May 2004
Procedural Posture
Criminal / Decision on Charter Application Under S.9 Re Detention (provincial Court)
Outcome
Charter application dismissed; detention found not arbitrary; s.9 Charter right not breached.
Legal Topics
Arbitrary Detention, Section 9 Charter, Section 24(2) Exclusion, Off Highway Vehicles Act S.17, Articulable Cause
Source Language
English
Criminal Law Constitutional Law Arbitrary Detention Section 9 Charter Section 24(2) Exclusion Off Highway Vehicles Act S.17 Articulable Cause

Case Brief

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Parties

Her Majesty the Queen

Crown

Shawn Edward Boyce

Accused

Procedural Posture

Criminal / Decision on Charter Application Under S.9 Re Detention (provincial Court)

Legal Issues

  1. 1 Whether the accused was arbitrarily detained contrary to s.9 of the Charter
  2. 2 Whether the police had articulable cause to stop/detain the accused under s.17 of the Off Highway Vehicles Act
  3. 3 Whether s.17, if authorising random stops, would be justified under s.1 of the Charter (not decided)

Ratio Decidendi

The stop was a non‑adversarial, regulated‑activity intervention by officers who had articulable cause (based on the context, time, location and belief the ATV would be driven on the highway); therefore the detention was not arbitrary and s.9 was not breached.

Court Disposition

Charter application dismissed; detention found not arbitrary; s.9 Charter right not breached.

Orders

  • Charter application dismissed; Section 9 not breached.