R. v. Messervey

R. v. Messervey

The search of Claudine Ryan's distinct residential unit breached s.8; because the intrusion was obtrusive, her expectation of privacy was high, there were no reasonable and probable grounds to search her area, and admission of the seized items would bring the administration of justice into disrepute, the seized evidence is excluded under s.24(2); the search did not constitute a Charter breach as to Arnold Messervey and evidence against him is not excluded.

Citation
2004 NSPC 58
Parties
Crown: Her Majesty the Queen; Accused: Arnold Clifton Messervey; Accused: Claudine Veronica Ryan
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
31 May 2004
Procedural Posture
Criminal / Voir Dire Exclusion Motion Decision (s.24(2) Charter)
Outcome
Evidence seized from Claudine Veronica Ryan excluded under s.24(2) of the Charter; evidence not excluded as to Arnold Clifton Messervey.
Legal Topics
Search and Seizure, Section 24(2) Charter Exclusion, Section 8 Charter, Expectation of Privacy, Warrant Execution, Joinder
Source Language
English
Criminal Law Constitutional Law Controlled Drugs and Substances Law Evidence Search and Seizure Section 24(2) Charter Exclusion Section 8 Charter Expectation of Privacy +2 more

Case Brief

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Parties

Her Majesty the Queen

Crown

Arnold Clifton Messervey

Accused

Claudine Veronica Ryan

Accused

Procedural Posture

Criminal / Voir Dire Exclusion Motion Decision (s.24(2) Charter)

Legal Issues

  1. 1 Whether the search of Claudine Ryan's residence breached s.8 of the Charter
  2. 2 Whether evidence seized from Ryan should be excluded under s.24(2) of the Charter
  3. 3 Whether Arnold Messervey can challenge the search of Ryan's residence

Ratio Decidendi

The search of Claudine Ryan's distinct residential unit breached s.8; because the intrusion was obtrusive, her expectation of privacy was high, there were no reasonable and probable grounds to search her area, and admission of the seized items would bring the administration of justice into disrepute, the seized evidence is excluded under s.24(2); the search did not constitute a Charter breach as to Arnold Messervey and evidence against him is not excluded.

Court Disposition

Evidence seized from Claudine Veronica Ryan excluded under s.24(2) of the Charter; evidence not excluded as to Arnold Clifton Messervey.

Orders

  • Evidence of the seizures are excluded relative to the accused, Claudine Veronica Ryan.
  • Evidence of the seizures are not excluded relative to the accused, Arnold Clifton Messervey.