R. v. Howell

R. v. Howell

The second arrest for possession for the purpose of trafficking lacked objectively reasonable grounds and the search of the accused's backpack was not justified by a valid law enforcement or safety purpose, thereby breaching ss.8 and 9 of the Charter; given cumulative Charter breaches including conceded s.10 violations, the drugs seized from the backpack must be excluded under s.24(2), and the accused is acquitted.

Citation
2020 BCSC 1731
Parties
Crown: Regina; Accused: Bryan David Howell
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 September 2020
Procedural Posture
Criminal Controlled Drugs and Substances Act (possession for Purpose of Trafficking) / Voir Dire on Charter Issues and Trial Disposition (acquittal)
Outcome
Evidence obtained from the accused's backpack excluded under s.24(2) of the Charter; accused acquitted
Legal Topics
Charter S.8 Search and Seizure, Charter S.9 Arbitrary Detention/arrest, Charter S.10(a) and S.10(b) Right to Be Informed and Counsel, S.24(2) Exclusion of Evidence, Arrest Without Warrant (s.495 Criminal Code), Search Incident to Arrest, Possession for the Purpose of Trafficking
Source Language
English
Criminal Law Constitutional Law Evidence Law Charter S.8 Search and Seizure Charter S.9 Arbitrary Detention/arrest Charter S.10(a) and S.10(b) Right to Be Informed and Counsel S.24(2) Exclusion of Evidence Arrest Without Warrant (s.495 Criminal Code) +2 more

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Parties

Regina

Crown

Bryan David Howell

Accused

Procedural Posture

Criminal Controlled Drugs and Substances Act (possession for Purpose of Trafficking) / Voir Dire on Charter Issues and Trial Disposition (acquittal)

Legal Issues

  1. 1 Was the first arrest on Alberta fraud warrants lawful?
  2. 2 Was the second arrest for possession for the purpose of trafficking supported by objectively reasonable grounds (s.9)?
  3. 3 Was the search of the accused's backpack reasonable under s.8?

Ratio Decidendi

The second arrest for possession for the purpose of trafficking lacked objectively reasonable grounds and the search of the accused's backpack was not justified by a valid law enforcement or safety purpose, thereby breaching ss.8 and 9 of the Charter; given cumulative Charter breaches including conceded s.10 violations, the drugs seized from the backpack must be excluded under s.24(2), and the accused is acquitted.

Court Disposition

Evidence obtained from the accused's backpack excluded under s.24(2) of the Charter; accused acquitted

Orders

  • Drugs seized from Bryan David Howell's backpack on November 23, 2017 are excluded from evidence
  • Bryan David Howell is acquitted of the charges