R. v. Simmons

R. v. Simmons

Majority held the appellant was detained for s.10(b) purposes when required to submit to a strip search and should have been informed of and allowed to exercise the right to counsel; ss.143‑144 of the Customs Act do not on their face violate s.8 given lower expectation of privacy at the border, but the particular search was rendered unreasonable by the denial of s.10(b) and failure to explain statutory rights; those infringements were not justified under s.1 but the narcotics were real evidence obtained in good faith and their admission would not bring the administration of justice into disrepute, therefore evidence admitted and appeal dismissed (new trial ordered).

Citation
[1988] 2 SCR 495
Parties
Appellant / Accused: Laura Mary Simmons; Respondent / Crown: Her Majesty The Queen; Intervener: Attorney General for Ontario
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
8 December 1988
Procedural Posture
Criminal Appeal (importation/possession for Trafficking) / On Appeal to the Supreme Court of Canada From the Ontario Court of Appeal
Outcome
Appeal dismissed; acquittal set aside by Court of Appeal remains set aside; matter remitted for new trial
Legal Topics
Charter S.10(b) Right to Counsel, Charter S.8 Unreasonable Search and Seizure, Charter S.24(2) Exclusion of Evidence, Detention, Strip/strip‑search at Border, Customs Act Ss.143‑144
Source Language
English
Constitutional Law Customs and Excise Evidence Charter S.10(b) Right to Counsel Charter S.8 Unreasonable Search and Seizure Charter S.24(2) Exclusion of Evidence Detention Strip/strip‑search at Border +1 more

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Parties

Laura Mary Simmons

Appellant / Accused

Her Majesty The Queen

Respondent / Crown

Attorney General for Ontario

Intervener

Procedural Posture

Criminal Appeal (importation/possession for Trafficking) / On Appeal to the Supreme Court of Canada From the Ontario Court of Appeal

Legal Issues

  1. 1 Whether a strip search at customs constitutes 'detention' engaging s.10(b)
  2. 2 Whether Customs Act ss.143 and 144 infringe s.8 of the Charter
  3. 3 Whether any infringements are justified under s.1 of the Charter

Ratio Decidendi

Majority held the appellant was detained for s.10(b) purposes when required to submit to a strip search and should have been informed of and allowed to exercise the right to counsel; ss.143‑144 of the Customs Act do not on their face violate s.8 given lower expectation of privacy at the border, but the particular search was rendered unreasonable by the denial of s.10(b) and failure to explain statutory rights; those infringements were not justified under s.1 but the narcotics were real evidence obtained in good faith and their admission would not bring the administration of justice into disrepute, therefore evidence admitted and appeal dismissed (new trial ordered).

Court Disposition

Appeal dismissed; acquittal set aside by Court of Appeal remains set aside; matter remitted for new trial

Orders

  • Appeal dismissed by the Supreme Court of Canada
  • Matter remitted for a new trial