R. v. Oliynyk et al.

R. v. Oliynyk et al.

The application to exclude evidence was dismissed because the seizure was lawful under United States law, the canine sniff and pretextual traffic stop did not constitute an abuse sufficient to engage the Charter or to render the trial unfair under ss.7 or 11(d) or at common law, and US authorities establishing that canine sniffs detect only contraband were persuasive; accordingly the cocaine is admissible.

Citation
2005 BCSC 1894
Parties
Crown: Regina (Crown); Accused: David James Oliynyk; Accused: Joseph Elwood Roger Lepage; Accused: Lloyd Allan Ferris
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 February 2005
Procedural Posture
Criminal / Voir Dire (admissibility) Oral Ruling at Preliminary Inquiry
Outcome
Application to exclude evidence dismissed
Legal Topics
Charter S.7, Charter S.11(d), Charter S.8, Section 24(2), Pretextual Stop, Canine Sniff, Exclusion of Evidence, Foreign Law Compliance
Source Language
English
Criminal Law Evidence Constitutional Law International/foreign Evidence Charter S.7 Charter S.11(d) Charter S.8 Section 24(2) +4 more

Case Brief

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Parties

Regina (Crown)

Crown

David James Oliynyk

Accused

Joseph Elwood Roger Lepage

Accused

Lloyd Allan Ferris

Accused

Procedural Posture

Criminal / Voir Dire (admissibility) Oral Ruling at Preliminary Inquiry

Legal Issues

  1. 1 Whether cocaine seized in Oregon is admissible at trial in British Columbia
  2. 2 Whether the US search violated the Canadian Charter or would render the trial unfair under ss.7 or 11(d)
  3. 3 Whether evidence obtained in conformity with foreign law can be excluded to protect trial fairness

Ratio Decidendi

The application to exclude evidence was dismissed because the seizure was lawful under United States law, the canine sniff and pretextual traffic stop did not constitute an abuse sufficient to engage the Charter or to render the trial unfair under ss.7 or 11(d) or at common law, and US authorities establishing that canine sniffs detect only contraband were persuasive; accordingly the cocaine is admissible.

Court Disposition

Application to exclude evidence dismissed

Orders

  • Application to exclude evidence dismissed; cocaine seized in Oregon is admissible at trial