R. v. Orr

R. v. Orr

The trial judge concluded the arrest was lawful because Sergeant Philip had an honest subjective belief supported by surveillance, informer information and a tenant complaint, and those facts objectively satisfied the reasonable and probable grounds test in R. v. Storrey; consequently the application to exclude...

Source-derived case information.

Citation
2017 BCSC 2703
Parties
Crown: Regina; Accused: Arlen Jeffrey Orr
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 October 2017
Procedural Posture
Criminal / Voir Dire (arrest)
Outcome
Application to exclude evidence and other remedies dismissed; May 11, 2016 arrest found lawful
Legal Topics
Arrest Without Warrant, Reasonable and Probable Grounds, Section 9 Charter (arbitrary Detention), Section 24(1) Charter Remedies, Abuse of Process, Surveillance and Confidential Informants, Obligation to Bring Arrested Person Before a Justice
Source Language
english
Criminal Law Constitutional Law Procedural Law Search and Seizure Arrest Without Warrant Reasonable and Probable Grounds Section 9 Charter (arbitrary Detention) Section 24(1) Charter Remedies +3 more

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Parties

Regina

Crown

Arlen Jeffrey Orr

Accused

Procedural Posture

Criminal / Voir Dire (arrest)

Legal Issues

  1. 1 Whether the May 11, 2016 arrest was lawful under s.495(1)(b) of the Criminal Code and the test in R. v. Storrey
  2. 2 Whether the arrests and detention breached s.9 of the Charter (arbitrary detention)
  3. 3 Whether the circumstances amount to an abuse of process warranting exclusion of evidence or other remedy under s.24(1)

Ratio Decidendi

The trial judge concluded the arrest was lawful because Sergeant Philip had an honest subjective belief supported by surveillance, informer information and a tenant complaint, and those facts objectively satisfied the reasonable and probable grounds test in R. v. Storrey; consequently the application to exclude evidence and other remedies was dismissed.

Court Disposition

Application to exclude evidence and other remedies dismissed; May 11, 2016 arrest found lawful

Orders

  • Application to exclude evidence dismissed
  • No remedy under s.24(1) granted with respect to the May 11 arrest