R. v. Mackay

R. v. Mackay

The court held the arrest of Ms. Mackay was supported by reasonable and probable grounds and the search of her vehicle was lawful as incident to that arrest and conducted reasonably; however the warrantless entry and clearing of the Residence was not justified by exigent circumstances and therefore violated s.8, but the cash observed on the bed was admitted under s.24(2) because the police acted in good faith, limited the intrusion, and the admission would not bring the administration of justice into disrepute.

Citation
2017 BCSC 1393
Parties
Crown: Regina; Accused: Christina Marie Mackay; Co Accused: Ryan Randolph Holden
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 August 2017
Procedural Posture
Criminal Controlled Drugs and Substances Act (trafficking) / Voir Dire (pre Trial Ruling on Charter Issues)
Outcome
Application dismissed in part: arrest and vehicle search upheld; warrantless entry ruled Charter breach but evidence not excluded.
Legal Topics
Reasonable and Probable Grounds for Arrest, Search Incidental to Arrest, Exigent Circumstances and Warrantless Entry, Reasonableness of Manner of Search, Section 24(2) Exclusion Analysis
Source Language
English
Criminal Law Constitutional Law (charter) Search and Seizure Evidence Law Reasonable and Probable Grounds for Arrest Search Incidental to Arrest Exigent Circumstances and Warrantless Entry Reasonableness of Manner of Search +1 more

Case Brief

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Parties

Regina

Crown

Christina Marie Mackay

Accused

Ryan Randolph Holden

Co Accused

Procedural Posture

Criminal Controlled Drugs and Substances Act (trafficking) / Voir Dire (pre Trial Ruling on Charter Issues)

Legal Issues

  1. 1 Whether police had reasonable and probable grounds to arrest Ms. Mackay
  2. 2 Whether search of Ms. Mackay's vehicle was lawful as search incidental to arrest and conducted reasonably
  3. 3 Whether warrantless entry and clearing of the Residence was justified by exigent circumstances

Ratio Decidendi

The court held the arrest of Ms. Mackay was supported by reasonable and probable grounds and the search of her vehicle was lawful as incident to that arrest and conducted reasonably; however the warrantless entry and clearing of the Residence was not justified by exigent circumstances and therefore violated s.8, but the cash observed on the bed was admitted under s.24(2) because the police acted in good faith, limited the intrusion, and the admission would not bring the administration of justice into disrepute.

Court Disposition

Application dismissed in part: arrest and vehicle search upheld; warrantless entry ruled Charter breach but evidence not excluded.

Orders

  • Crown permitted to introduce items seized from Ms. Mackay's vehicle at trial
  • Crown permitted to introduce items seized from the Residence (including cash observed on the bed) at trial