R. v. Manuel

R. v. Manuel

Court found the arrests (s.9) and consequent searches (s.8) unlawful, police conduct was serious and deliberately departed from Charter norms, the breaches had a significant impact on the accused's protected interests, and the cumulative weight of the first two Grant factors strongly favoured exclusion such that admission would bring the administration of justice into disrepute; therefore all seized evidence is excluded under s.24(2).

Citation
2025 BCSC 1675
Parties
Crown: Rex; Accused: Jennifer Lindsay Manuel; Accused: Alina May Ortloff
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 May 2025
Procedural Posture
Criminal Indictable / Pre Trial (voir Dire)
Outcome
Evidence seized from the vehicle and from Ms. Manuel excluded under s.24(2) of the Charter; trial to proceed without the seized evidence
Legal Topics
Charter S.24(2) Exclusion, S.8 Search and Seizure, S.9 Arbitrary Detention, Search Incident to Arrest, Unlawful Arrest, Public Confidence in the Justice System
Source Language
English
Constitutional Law Criminal Law Evidence Charter S.24(2) Exclusion S.8 Search and Seizure S.9 Arbitrary Detention Search Incident to Arrest Unlawful Arrest +1 more

Case Brief

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Parties

Rex

Crown

Jennifer Lindsay Manuel

Accused

Alina May Ortloff

Accused

Procedural Posture

Criminal Indictable / Pre Trial (voir Dire)

Legal Issues

  1. 1 Whether the arrests and subsequent searches violated ss.8 and 9 of the Charter
  2. 2 Whether the evidence seized as a result of those breaches must be excluded under s.24(2) of the Charter
  3. 3 Assessment of the seriousness and impact of police conduct on public confidence

Ratio Decidendi

Court found the arrests (s.9) and consequent searches (s.8) unlawful, police conduct was serious and deliberately departed from Charter norms, the breaches had a significant impact on the accused's protected interests, and the cumulative weight of the first two Grant factors strongly favoured exclusion such that admission would bring the administration of justice into disrepute; therefore all seized evidence is excluded under s.24(2).

Court Disposition

Evidence seized from the vehicle and from Ms. Manuel excluded under s.24(2) of the Charter; trial to proceed without the seized evidence

Orders

  • All controlled substances and paraphernalia seized from the vehicle and from Ms. Manuel excluded from evidence at trial pursuant to s.24(2) of the Charter
  • Publication ban on voir dire evidence remains in effect until the trial has ended