R. v. Parker

R. v. Parker

Given the totality of circumstances the officer had subjective and objectively reasonable and probable grounds to search the accused's hoodie pocket under the Liquor Act; the officer's explanation that he was investigating under the Liquor Act satisfied s.10(a); s.10(b) was not engaged in the regulatory...

Source-derived case information.

Citation
2010 BCSC 919
Parties
Crown: Regina; Accused: Tyler Wade Parker
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 February 2010
Procedural Posture
Criminal Possession for Purpose of Trafficking (controlled Drugs and Substances Act) / Voir Dire (pre Trial Admissibility of Evidence and Charter Issues)
Outcome
No Charter breach found; evidence admissible.
Legal Topics
Charter S.8 Search and Seizure, Charter S.10(a) Detention Notification, Charter S.10(b) Right to Counsel, Charter S.24(2) Exclusion of Evidence, Liquor Control and Licensing Act Searches
Source Language
english
Criminal Law Constitutional Law Regulatory Law Evidence Charter S.8 Search and Seizure Charter S.10(a) Detention Notification Charter S.10(b) Right to Counsel Charter S.24(2) Exclusion of Evidence +1 more

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Parties

Regina

Crown

Tyler Wade Parker

Accused

Procedural Posture

Criminal Possession for Purpose of Trafficking (controlled Drugs and Substances Act) / Voir Dire (pre Trial Admissibility of Evidence and Charter Issues)

Legal Issues

  1. 1 Whether the search of the accused breached s.8 of the Charter
  2. 2 Whether the accused was informed of reasons for detention under s.10(a)
  3. 3 Whether s.10(b) right to counsel was engaged during a regulatory (Liquor Act) investigative detention

Ratio Decidendi

Given the totality of circumstances the officer had subjective and objectively reasonable and probable grounds to search the accused's hoodie pocket under the Liquor Act; the officer's explanation that he was investigating under the Liquor Act satisfied s.10(a); s.10(b) was not engaged in the regulatory investigative detention in this context (per Rice and Wholesale Travel); counsel rights were given upon arrest for the subsequent criminal drug offence; therefore no Charter breach occurred and the drug evidence is admissible.

Court Disposition

No Charter breach found; evidence admissible.

Orders

  • No Charter breach found; evidence seized (ecstasy) admissible at trial