R. v. Badger

R. v. Badger

Court found a s.8 breach conceded by Crown for failure to comply with s.489/Form 5.2 and held that Mr. Badger's arrest and detention violated s.9 because the subjective and objective components of reasonable and probable grounds were not established: arrest for driving offences rested on speculation and assumptions...

Source-derived case information.

Citation
2021 BCSC 2623
Parties
Crown: Regina; Accused: Brandon Lee Badger; Accused: Ashley Giesbrecht
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 October 2021
Procedural Posture
Criminal / Voir Dire (charter Application)
Outcome
Court declared breaches of the Charter: s.8 breach (failure to comply with s.489/Form 5.2) and s.9 breach (unlawful arrest and detention of Mr. Badger regarding driving offences).
Legal Topics
Charter S.8 (unreasonable Search and Seizure), Charter S.9 (arrest and Detention), Charter S.24(2) (exclusion of Evidence), Investigative Detention (mann), Reasonable and Probable Grounds, Firearms Possession, Criminal Code S.489 and Form 5.2 Compliance
Source Language
english
Criminal Law Constitutional Law Evidence Law Charter S.8 (unreasonable Search and Seizure) Charter S.9 (arrest and Detention) Charter S.24(2) (exclusion of Evidence) Investigative Detention (mann) Reasonable and Probable Grounds +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Regina

Crown

Brandon Lee Badger

Accused

Ashley Giesbrecht

Accused

Procedural Posture

Criminal / Voir Dire (charter Application)

Legal Issues

  1. 1 Whether the failure to complete Form 5.2 and comply with s.489 Criminal Code breached s.8 of the Charter
  2. 2 Whether Mr. Badger's arrest for driving offences lacked reasonable and probable grounds and thus breached s.9 of the Charter
  3. 3 Whether the investigative detention of Mr. Badger complied with the Mann standard

Ratio Decidendi

Court found a s.8 breach conceded by Crown for failure to comply with s.489/Form 5.2 and held that Mr. Badger's arrest and detention violated s.9 because the subjective and objective components of reasonable and probable grounds were not established: arrest for driving offences rested on speculation and assumptions (joint enterprise/aiding and abetting) and detention amounted to a hunch about firearms rather than reasonable suspicion required under Mann, so arrest and detention were unlawful.

Court Disposition

Court declared breaches of the Charter: s.8 breach (failure to comply with s.489/Form 5.2) and s.9 breach (unlawful arrest and detention of Mr. Badger regarding driving offences).

Orders

  • Declaration that the accused's Charter s.8 rights were breached due to noncompliance with s.489 Criminal Code/Form 5.2
  • Declaration that the accused Brandon Lee Badger's Charter s.9 rights were breached in relation to his arrest and detention for the driving offences