R. v. R.M.D.

R. v. R.M.D.

Given credible, timely reports from multiple students and a teacher placing the applicant at the scene immediately after an assembly, the Principal had reasonable grounds under the modified school‑search standard to search the applicant; the search was conducted privately, sensitively and minimally intrusively and therefore did not breach s.8. Alternatively, even if a breach occurred, exclusion under s.24(2) would be refused because the seized evidence was independent, central to the prosecution and admission would not bring the administration of justice into disrepute.

Citation
2008 NSPC 52
Parties
Crown/respondent: Her Majesty the Queen; Applicant/young Person/defendant: R. M. D.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
24 July 2008
Procedural Posture
Youth Criminal Proceeding (youth Justice Court) / Voir Dire on Charter S.8 Application During Trial; Oral Decision Rendered (24 July 2008)
Outcome
Charter application dismissed; search found reasonable and evidence admissible
Legal Topics
Search and Seizure, Section 8 Charter, Section 24(2) Remedy, School Searches by Authorities, Possession of Cannabis, Publication Ban / Youth Criminal Justice Act Ss.110 111
Source Language
English
Criminal Law Youth Justice Constitutional Law (charter) Education Law Search and Seizure Section 8 Charter Section 24(2) Remedy School Searches by Authorities +2 more

Case Brief

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Parties

Her Majesty the Queen

Crown/respondent

R. M. D.

Applicant/young Person/defendant

Procedural Posture

Youth Criminal Proceeding (youth Justice Court) / Voir Dire on Charter S.8 Application During Trial; Oral Decision Rendered (24 July 2008)

Legal Issues

  1. 1 Whether the warrantless search by school officials violated s.8 of the Charter
  2. 2 Whether the school officials had reasonable grounds under the modified standard for school searches (R. v. M.R.M.)
  3. 3 Whether the search was conducted in a reasonable, minimally intrusive manner

Ratio Decidendi

Given credible, timely reports from multiple students and a teacher placing the applicant at the scene immediately after an assembly, the Principal had reasonable grounds under the modified school‑search standard to search the applicant; the search was conducted privately, sensitively and minimally intrusively and therefore did not breach s.8. Alternatively, even if a breach occurred, exclusion under s.24(2) would be refused because the seized evidence was independent, central to the prosecution and admission would not bring the administration of justice into disrepute.

Court Disposition

Charter application dismissed; search found reasonable and evidence admissible

Orders

  • Charter s.8 application dismissed
  • Evidence obtained in the search (pipe and marijuana) admissible and not excluded under s.24(2)