R. v. West

R. v. West

The accused waived his s.10(b) right at the detachment by clearly and unequivocally declining counsel; a strip search incidental to arrest that does not require the detainee's consent and is within the reasonable contemplation of counsel does not automatically retrigger s.10(b) under Sinclair; consequently no s.10(b) or s.8 Charter breaches occurred and the application to exclude the strip‑search evidence was dismissed.

Citation
2020 BCSC 1780
Parties
Crown: Regina; Accused: John Darcy West
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 August 2020
Procedural Posture
Criminal Possession for Purpose of Trafficking (controlled Drugs and Substances Act) / Voir Dire (blended) Oral Ruling
Outcome
Application dismissed; no Charter s.10(b) or s.8 breach found; evidence from strip search admissible
Legal Topics
Charter S.10(b) Right to Counsel, Charter S.8 Unreasonable Search, Charter S.24(2) Exclusion of Evidence, Waiver of Counsel, Re Advice/reconsultation Doctrine (sinclair), Strip Searches, Voluntariness of Statement, Hearsay Categorical Exception (statement to Authority), Golden Compliance for Strip Searches
Source Language
English
Criminal Law Constitutional Law Evidence Search and Seizure Charter S.10(b) Right to Counsel Charter S.8 Unreasonable Search Charter S.24(2) Exclusion of Evidence Waiver of Counsel +5 more

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Parties

Regina

Crown

John Darcy West

Accused

Procedural Posture

Criminal Possession for Purpose of Trafficking (controlled Drugs and Substances Act) / Voir Dire (blended) Oral Ruling

Legal Issues

  1. 1 Whether s.10(b) Charter rights were breached (waiver and whether strip search retriggered right)
  2. 2 Whether s.8 Charter rights were breached as a result of any s.10(b) breach
  3. 3 Whether evidence recovered from the strip search should be excluded under s.24(2) of the Charter

Ratio Decidendi

The accused waived his s.10(b) right at the detachment by clearly and unequivocally declining counsel; a strip search incidental to arrest that does not require the detainee's consent and is within the reasonable contemplation of counsel does not automatically retrigger s.10(b) under Sinclair; consequently no s.10(b) or s.8 Charter breaches occurred and the application to exclude the strip‑search evidence was dismissed.

Court Disposition

Application dismissed; no Charter s.10(b) or s.8 breach found; evidence from strip search admissible

Orders

  • Voir dire dismissed
  • Accused's statement admitted as voluntary and admissible