R. v. LeBlanc
The search was not incident to a lawful arrest because Cst. Fish lacked objectively justifiable reasonable and probable grounds—the officer‑to‑officer tip was conclusory, uncorroborated and the source unrevealed—thus the s.8 right was violated; however the detention was not arbitrary given the officer's honest belief, any delay in s.10(b) notification was minor and justified by safety, and under s.24(2) admission of the handgun would not bring the administration of justice into disrepute, so the exclusion application was dismissed and the evidence admitted.
- Citation
- 2009 NSSC 99
- Parties
- Crown: Her Majesty the Queen; Accused: Jeremy Alvin LeBlanc
- Court
- Supreme Court of Nova Scotia
- Jurisdiction
- Canada
- Judgment Date
- 27 March 2009
- Procedural Posture
- Criminal / Application to Exclude Evidence (charter) at Trial
- Outcome
- Application to exclude evidence dismissed; handgun admitted into evidence
- Legal Topics
- Charter S.8, Charter S.9, Charter S.10(b), Search Incident to Arrest, Investigative Detention, Informant Tip Reliability, Exclusion Under S.24(2)
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Crown
Jeremy Alvin LeBlanc
Accused
Procedural Posture
Criminal / Application to Exclude Evidence (charter) at Trial
Legal Issues
- 1 Whether police had authority to search and seize the handgun (lawful arrest or detention)
- 2 Whether the handgun is admissible despite any Charter breaches under s.24(2)
- 3 Whether the officer-to-officer tip provided sufficient objective reasonable and probable grounds
Ratio Decidendi
The search was not incident to a lawful arrest because Cst. Fish lacked objectively justifiable reasonable and probable grounds—the officer‑to‑officer tip was conclusory, uncorroborated and the source unrevealed—thus the s.8 right was violated; however the detention was not arbitrary given the officer's honest belief, any delay in s.10(b) notification was minor and justified by safety, and under s.24(2) admission of the handgun would not bring the administration of justice into disrepute, so the exclusion application was dismissed and the evidence admitted.
Court Disposition
Application to exclude evidence dismissed; handgun admitted into evidence
Orders
- Application to exclude evidence dismissed
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