R. v. Alkhalil

R. v. Alkhalil

Because the evaluative stage expressly requires consideration of the cumulative context of Charter breaches and a pattern of breaches may materially affect the s.24(2) analysis, the court should, as a practical matter, hold the s.24(2) hearing only after all Charter applications have been decided to ensure a complete, contextual assessment and to avoid the need to revisit rulings.

Citation
2020 BCSC 1576
Parties
Crown: Regina; Accused: Rabih Alkhalil (a.k.a. Robby Alkhalil); Accused: Dean Michael Wiwchar; Accused: Larry Ronald Amero
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 October 2020
Procedural Posture
Criminal Charter Applications / Interlocutory Ruling on Timing of S.24(2) Hearing (application No. 29)
Outcome
Court directed that the s.24(2) hearing for Application No. 29 be held after all Charter applications in these proceedings have been decided.
Legal Topics
Canadian Charter S.24(2), Canadian Charter S.8, Search and Seizure, Exclusion of Evidence, Ancillary Powers Doctrine, Cumulative Breaches, Timing of Evidentiary Rulings
Source Language
English
Constitutional Law Criminal Law Evidence Law Canadian Charter S.24(2) Canadian Charter S.8 Search and Seizure Exclusion of Evidence Ancillary Powers Doctrine +2 more

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Parties

Regina

Crown

Rabih Alkhalil (a.k.a. Robby Alkhalil)

Accused

Dean Michael Wiwchar

Accused

Larry Ronald Amero

Accused

Procedural Posture

Criminal Charter Applications / Interlocutory Ruling on Timing of S.24(2) Hearing (application No. 29)

Legal Issues

  1. 1 Whether the s.24(2) hearing should be held immediately or only after all Charter applications are decided
  2. 2 Whether and how multiple Charter breaches should be assessed cumulatively in the s.24(2) evaluative stage
  3. 3 Whether a connection requirement between a breach of a third party's rights and the accused is required at the evaluative stage

Ratio Decidendi

Because the evaluative stage expressly requires consideration of the cumulative context of Charter breaches and a pattern of breaches may materially affect the s.24(2) analysis, the court should, as a practical matter, hold the s.24(2) hearing only after all Charter applications have been decided to ensure a complete, contextual assessment and to avoid the need to revisit rulings.

Court Disposition

Court directed that the s.24(2) hearing for Application No. 29 be held after all Charter applications in these proceedings have been decided.

Orders

  • The s.24(2) hearing shall be scheduled only after the Court has ruled on all Charter applications in these proceedings.