R. v. Washington

R. v. Washington

Although the police conduct in searching the package without a warrant breached s.8 and shaded toward reckless disregard, the impact on the appellants' privacy was limited by the nature of the package and the unobtrusive search, and because the drug evidence was reliable and central to the prosecution, application...

Source-derived case information.

Citation
2009 BCSC 1449
Parties
Crown: Regina; Appellant / Accused: Alexis Nicole Washington; Appellant / Accused: Brandi Ann Shepherd
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 October 2009
Procedural Posture
Summary Conviction Appeal / Appeal to the Supreme Court of British Columbia From Provincial Court Conviction
Outcome
Appeal dismissed; convictions upheld; evidence admitted (not excluded under s.24(2))
Legal Topics
Charter S.8 Search and Seizure, Charter S.9 Arrest, Charter S.24(2) Exclusion of Evidence, Possession for the Purpose of Trafficking, Reasonable and Probable Grounds, Expectation of Privacy, Police Good Faith and Conduct
Source Language
english
Criminal Law Constitutional Law Evidence Law Charter S.8 Search and Seizure Charter S.9 Arrest Charter S.24(2) Exclusion of Evidence Possession for the Purpose of Trafficking Reasonable and Probable Grounds +2 more

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Parties

Regina

Crown

Alexis Nicole Washington

Appellant / Accused

Brandi Ann Shepherd

Appellant / Accused

Procedural Posture

Summary Conviction Appeal / Appeal to the Supreme Court of British Columbia From Provincial Court Conviction

Legal Issues

  1. 1 Whether the warrantless search of a wrapped package at a helicopter terminal breached s.8 of the Charter and if so whether the resulting evidence should be excluded under s.24(2)
  2. 2 Whether the police had reasonable and probable grounds to arrest the appellants (s.9)
  3. 3 Assessment of seriousness of police conduct, impact on Charter‑protected interests and society's interest in adjudication on the merits under the Grant framework

Ratio Decidendi

Although the police conduct in searching the package without a warrant breached s.8 and shaded toward reckless disregard, the impact on the appellants' privacy was limited by the nature of the package and the unobtrusive search, and because the drug evidence was reliable and central to the prosecution, application of the Grant factors led to the conclusion that the evidence should not be excluded under s.24(2); appeal dismissed.

Court Disposition

Appeal dismissed; convictions upheld; evidence admitted (not excluded under s.24(2))

Orders

  • Appeal dismissed
  • Evidence admitted and not excluded under s.24(2)