R. v. Borden

R. v. Borden

The officer arrested and searched the accused without legal authority under s.495, breaching ss.8 and 9 of the Charter; applying the Grant factors the police conduct was sufficiently serious (officer failed to turn his mind to authority), the breaches had significant impact on the accused’s privacy and liberty, and those factors outweighed the truth‑seeking interest — therefore the drugs seized must be excluded under s.24(2).

Citation
2010 NSPC 36
Parties
Crown: Her Majesty the Queen; Accused: Reginald Donald Borden
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
19 February 2010
Procedural Posture
Criminal Controlled Drugs and Substances Act / Application to Exclude Evidence Under S.24(2) of the Charter (pre Trial)
Outcome
Application granted; seized drugs excluded from evidence.
Legal Topics
Charter S.24(2) Exclusion, Unreasonable Search and Seizure (s.8), Arbitrary Arrest/detention (s.9), Search Incident to Arrest, Controlled Drugs and Substances Act Cannabis Possession
Source Language
English
Criminal Law Constitutional Law Charter S.24(2) Exclusion Unreasonable Search and Seizure (s.8) Arbitrary Arrest/detention (s.9) Search Incident to Arrest Controlled Drugs and Substances Act Cannabis Possession

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Parties

Her Majesty the Queen

Crown

Reginald Donald Borden

Accused

Procedural Posture

Criminal Controlled Drugs and Substances Act / Application to Exclude Evidence Under S.24(2) of the Charter (pre Trial)

Legal Issues

  1. 1 Whether the arrest and search violated ss.8 and 9 of the Charter
  2. 2 Whether evidence seized during the search should be excluded under s.24(2) of the Charter applying R. v. Grant
  3. 3 Whether the officer had legal authority to arrest under Criminal Code s.495

Ratio Decidendi

The officer arrested and searched the accused without legal authority under s.495, breaching ss.8 and 9 of the Charter; applying the Grant factors the police conduct was sufficiently serious (officer failed to turn his mind to authority), the breaches had significant impact on the accused’s privacy and liberty, and those factors outweighed the truth‑seeking interest — therefore the drugs seized must be excluded under s.24(2).

Court Disposition

Application granted; seized drugs excluded from evidence.

Orders

  • Drugs located in the accused's car console are excluded from evidence