R. v. Bryden

R. v. Bryden

The court found the police conducted a constitutionally unreasonable warrantless search in violation of s.8; there were no exigent circumstances or reasonable and probable grounds to justify the search; the accused's s.10(b) right was not breached because the search preceded any questioning; the breach was very serious and the admission of the firearms would harm the long term repute of the administration of justice, therefore the seized gun cases, firearms and ammunition are excluded under Charter s.24(2).

Citation
2001 NSPC 16
Parties
Crown: Her Majesty the Queen; Accused: Michael Julien Bryden
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
20 June 2001
Procedural Posture
Criminal / Voir Dire on S.24(2) Application to Exclude Evidence
Outcome
Seized gun cases, firearms and ammunition excluded pursuant to s.24(2) of the Canadian Charter of Rights and Freedoms
Legal Topics
Charter S.8 Search and Seizure, Charter S.10(b) Right to Counsel, Charter S.24(2) Exclusion of Evidence, Warrantless Vehicle Search, Firearms Offences
Source Language
English
Criminal Law Constitutional Law Evidence Charter S.8 Search and Seizure Charter S.10(b) Right to Counsel Charter S.24(2) Exclusion of Evidence Warrantless Vehicle Search Firearms Offences

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Parties

Her Majesty the Queen

Crown

Michael Julien Bryden

Accused

Procedural Posture

Criminal / Voir Dire on S.24(2) Application to Exclude Evidence

Legal Issues

  1. 1 Whether police conducted an unreasonable warrantless search in violation of s.8 of the Charter
  2. 2 Whether the accused's s.10(b) right to counsel was violated
  3. 3 Whether exigent circumstances or common law authority justified a warrantless search

Ratio Decidendi

The court found the police conducted a constitutionally unreasonable warrantless search in violation of s.8; there were no exigent circumstances or reasonable and probable grounds to justify the search; the accused's s.10(b) right was not breached because the search preceded any questioning; the breach was very serious and the admission of the firearms would harm the long term repute of the administration of justice, therefore the seized gun cases, firearms and ammunition are excluded under Charter s.24(2).

Court Disposition

Seized gun cases, firearms and ammunition excluded pursuant to s.24(2) of the Canadian Charter of Rights and Freedoms

Orders

  • The impugned evidence (seized gun cases, firearms and ammunition) is excluded from evidence pursuant to Charter s.24(2)