R. v. Greek

R. v. Greek

The officers unlawfully entered the dwelling and made a warrantless arrest absent exigent circumstances under s.529.3; the conduct breached Charter ss.8 and 9, and because the breach was serious and no adequate alternative remedy existed a stay under s.24(1) was mandated for the s.270(2) assault charge; the unlawful arrest also vitiated the resisting arrest charge leading to acquittal, while the Crown proved assault on Zyderveld and breach of recognizance.

Citation
2019 NSPC 50
Parties
Crown: Her Majesty the Queen; Accused: Lucas Greek
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
10 July 2019
Procedural Posture
Criminal / Trial — Decision on Guilt and Charter Applications
Outcome
Mixed: acquitted of resisting arrest (s.129(a)); stay of proceedings entered on assaulting an officer (s.270(2)); convicted of assault (s.266(b)) on Curtis Zyderveld and convicted of breach of recognizance (s.145(3)); directed verdict dismissals on s.264.1(1)(a) and two s.733.1(1) charges.
Legal Topics
Feeney Warrant, Exigent Circumstances, Section 24(1) Stay, Resisting Arrest, Assault on a Peace Officer, Breach of Recognizance, Directed Verdict
Source Language
English
Criminal Law Constitutional Law Charter Law Search and Seizure Police Powers Feeney Warrant Exigent Circumstances Section 24(1) Stay +4 more

Case Brief

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Parties

Her Majesty the Queen

Crown

Lucas Greek

Accused

Procedural Posture

Criminal / Trial — Decision on Guilt and Charter Applications

Legal Issues

  1. 1 Were police entries into the dwelling lawful without a Feeney warrant?
  2. 2 Did the warrantless arrest violate Charter s.8 and s.9?
  3. 3 Is s.24(1) stay of proceedings required as remedy?

Ratio Decidendi

The officers unlawfully entered the dwelling and made a warrantless arrest absent exigent circumstances under s.529.3; the conduct breached Charter ss.8 and 9, and because the breach was serious and no adequate alternative remedy existed a stay under s.24(1) was mandated for the s.270(2) assault charge; the unlawful arrest also vitiated the resisting arrest charge leading to acquittal, while the Crown proved assault on Zyderveld and breach of recognizance.

Court Disposition

Mixed: acquitted of resisting arrest (s.129(a)); stay of proceedings entered on assaulting an officer (s.270(2)); convicted of assault (s.266(b)) on Curtis Zyderveld and convicted of breach of recognizance (s.145(3)); directed verdict dismissals on s.264.1(1)(a) and two s.733.1(1) charges.

Orders

  • Stay of proceedings under section 24(1) of the Charter for the charge of assaulting a peace officer contrary to s.270(2) CC
  • Acquittal on resisting arrest contrary to s.129(a) CC