R. v. Lee

R. v. Lee

The trial judge found the detention of Mr. Lee when ordered out of the car and the subsequent arrest were not supported by objectively reasonable grounds and thus breached ss.8 and 9 of the Charter; the crack pipe was not discovered as a result of the unlawful detention and is admissible, but the drugs found on Mr. Lee were discovered as a direct result of the unlawful arrest and intrusive search and must be excluded under s.24(2) because the breaches were serious and admitting the evidence would harm the administration of justice.

Citation
2009 BCSC 616
Parties
Crown: Regina; Accused: Lee
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 May 2009
Procedural Posture
Criminal Possession and Trafficking of Controlled Substances / Voir Dire / Ruling on Voir Dire
Outcome
Voir dire ruling: detention and arrest of Mr. Lee breached ss.8 and 9 of the Charter; evidence of drugs found on Mr. Lee excluded under s.24(2); crack pipe admissible.
Legal Topics
Arbitrary Detention, Unlawful Arrest, Search Incidental to Arrest, Section 8 Charter, Section 9 Charter, Section 24(2) Charter, Admissibility of Evidence, Investigative Detention
Source Language
English
Criminal Law Constitutional Law Evidence Police Powers Search and Seizure Arbitrary Detention Unlawful Arrest Search Incidental to Arrest +5 more

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Parties

Regina

Crown

Lee

Accused

Procedural Posture

Criminal Possession and Trafficking of Controlled Substances / Voir Dire / Ruling on Voir Dire

Legal Issues

  1. 1 Whether ordering the accused out of the car and subsequent pat-down constituted arbitrary detention contrary to s.9 of the Charter
  2. 2 Whether the arrest of the accused for possession of cocaine was supported by objectively reasonable grounds
  3. 3 Whether the evidence (crack pipe and drugs found on the accused) was obtained as a result of Charter breaches

Ratio Decidendi

The trial judge found the detention of Mr. Lee when ordered out of the car and the subsequent arrest were not supported by objectively reasonable grounds and thus breached ss.8 and 9 of the Charter; the crack pipe was not discovered as a result of the unlawful detention and is admissible, but the drugs found on Mr. Lee were discovered as a direct result of the unlawful arrest and intrusive search and must be excluded under s.24(2) because the breaches were serious and admitting the evidence would harm the administration of justice.

Court Disposition

Voir dire ruling: detention and arrest of Mr. Lee breached ss.8 and 9 of the Charter; evidence of drugs found on Mr. Lee excluded under s.24(2); crack pipe admissible.

Orders

  • Exclude evidence of drugs found on Mr. Lee's person pursuant to s.24(2) of the Charter
  • Admit evidence of the crack pipe seized from the vehicle