R. v. Abdelkader

R. v. Abdelkader

The impugned evidence obtained from the October 13, 2020 search is excluded under s.24(2) because police conduct was deliberate and at the high end of culpability, the breaches had a significant adverse impact on the accused's Charter-protected interests (including serious privacy intrusions and loss of his vehicle), and, after balancing the Grant factors, admission would bring the administration of justice into disrepute.

Citation
2025 BCSC 196
Parties
Prosecution: Rex (Crown); Accused: Nabil Mahmoud Abdelkader
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
4 February 2025
Procedural Posture
Criminal – Possession for Purpose of Trafficking; Charter S.24 Remedy Application / Voir Dire #1 – Stage 2 (section 24 Remedy)
Outcome
Evidence obtained as a result of the October 13, 2020 search is excluded pursuant to s.24(2) of the Canadian Charter of Rights and Freedoms.
Legal Topics
Charter S.24(2) Exclusion of Evidence, Charter S.8 Search and Seizure, Charter S.7 Abuse of Process, Criminal Code S.490 Detention and Return of Property, Search Warrants and Warrantless Searches, Civil Forfeiture Coordination, Privacy Rights, Grant Factors Balancing
Source Language
English
Constitutional Law Criminal Law Evidence Law Administrative/civil Forfeiture Law Charter S.24(2) Exclusion of Evidence Charter S.8 Search and Seizure Charter S.7 Abuse of Process Criminal Code S.490 Detention and Return of Property +4 more

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Parties

Rex (Crown)

Prosecution

Nabil Mahmoud Abdelkader

Accused

Procedural Posture

Criminal – Possession for Purpose of Trafficking; Charter S.24 Remedy Application / Voir Dire #1 – Stage 2 (section 24 Remedy)

Legal Issues

  1. 1 Whether evidence obtained in the October 13, 2020 search should be excluded under s.24(2) of the Charter
  2. 2 Whether Crown or public interest outweighs seriousness of Charter breaches and impact on accused
  3. 3 Whether a sufficient nexus exists between the breaches and the evidence sought to be excluded

Ratio Decidendi

The impugned evidence obtained from the October 13, 2020 search is excluded under s.24(2) because police conduct was deliberate and at the high end of culpability, the breaches had a significant adverse impact on the accused's Charter-protected interests (including serious privacy intrusions and loss of his vehicle), and, after balancing the Grant factors, admission would bring the administration of justice into disrepute.

Court Disposition

Evidence obtained as a result of the October 13, 2020 search is excluded pursuant to s.24(2) of the Canadian Charter of Rights and Freedoms.

Orders

  • Exclude all evidence obtained by the Police as a result of the October Search (October 13, 2020) pursuant to s.24(2) of the Charter.