R. v. MacDonald

R. v. MacDonald

The officer's pushing the door open constituted a s.8 search but was reasonable and authorized under the common law safety-search power because the officer had reasonable grounds to believe there was an imminent threat and the action was minimally intrusive and necessary to determine whether a weapon was present; additionally, s.95(1) mens rea does not include knowledge that possession was unauthorized — knowledge of possession plus intention to possess in the place suffices — so the Court allowed the Crown's appeal, restored the s.95 conviction and remitted the matter to the Court of Appeal for sentencing and constitutional assessment of the mandatory minimum.

Citation
2014 SCC 3
Parties
Appellant/respondent: Erin Lee MacDonald; Respondent/appellant: Her Majesty The Queen; Intervener: Director of Public Prosecutions; Intervener: Attorney General of Ontario
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
17 January 2014
Procedural Posture
Criminal and Charter Appeal / Appeal to the Supreme Court of Canada From the Nova Scotia Court of Appeal
Outcome
Applicant's s.8 appeal dismissed; Crown's appeal allowed on s.95; acquittal on s.95 set aside and conviction restored; matter remitted to Nova Scotia Court of Appeal for sentencing and assessment of constitutionality of mandatory minimum under s.95(2)(a)(i).
Legal Topics
Search and Seizure, Charter S.8, Safety Searches, Possession of Loaded Restricted Firearm, Mens Rea, Ignorance of Law (s.19 Criminal Code), Mandatory Minimum Sentencing, Exclusion of Evidence S.24(2)
Source Language
English
Constitutional Law Criminal Law Administrative/common Law Police Powers Search and Seizure Charter S.8 Safety Searches Possession of Loaded Restricted Firearm Mens Rea +3 more

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Parties

Erin Lee MacDonald

Appellant/respondent

Her Majesty The Queen

Respondent/appellant

Director of Public Prosecutions

Intervener

Attorney General of Ontario

Intervener

Procedural Posture

Criminal and Charter Appeal / Appeal to the Supreme Court of Canada From the Nova Scotia Court of Appeal

Legal Issues

  1. 1 Whether pushing the door open further constituted a s.8 search and if so whether it was reasonable
  2. 2 Whether the mens rea for s.95(1) Criminal Code includes knowledge that possession was unauthorized
  3. 3 Whether sentences imposed by Court of Appeal for ss.86 and 88 require variation and assessment of constitutionality of s.95 mandatory minimum

Ratio Decidendi

The officer's pushing the door open constituted a s.8 search but was reasonable and authorized under the common law safety-search power because the officer had reasonable grounds to believe there was an imminent threat and the action was minimally intrusive and necessary to determine whether a weapon was present; additionally, s.95(1) mens rea does not include knowledge that possession was unauthorized — knowledge of possession plus intention to possess in the place suffices — so the Court allowed the Crown's appeal, restored the s.95 conviction and remitted the matter to the Court of Appeal for sentencing and constitutional assessment of the mandatory minimum.

Court Disposition

Applicant's s.8 appeal dismissed; Crown's appeal allowed on s.95; acquittal on s.95 set aside and conviction restored; matter remitted to Nova Scotia Court of Appeal for sentencing and assessment of constitutionality of mandatory minimum under s.95(2)(a)(i).

Orders

  • Appeal of Erin Lee MacDonald on s.8 dismissed
  • Crown's appeal allowed: acquittal under s.95(1) set aside and conviction restored