R. v. Noel

R. v. Noel

The seven-hour delay in facilitating counsel constituted a breach of s.10(b); the evidence was obtained in the same transaction as the arrest and therefore 'obtained in a manner' that infringed the Charter; balancing the Grant factors (seriousness of state conduct and impact on Charter interests favour exclusion;...

Source-derived case information.

Citation
2025 NSSC 310
Parties
Crown: His Majesty the King; Accused: Patrice Jean Noel
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
8 September 2025
Procedural Posture
Criminal / Pre Trial Charter Application (s.10(b) and S.24(2))
Outcome
Section 10(b) breach found; s.24(2) application granted; evidence excluded; charges dismissed.
Legal Topics
Section 10(b) Right to Counsel, Section 24(2) Exclusion of Evidence, Search and Seizure, Arrest and Detention, Grant Test
Source Language
english
Criminal Law Constitutional Law Evidence Law Section 10(b) Right to Counsel Section 24(2) Exclusion of Evidence Search and Seizure Arrest and Detention Grant Test

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Parties

His Majesty the King

Crown

Patrice Jean Noel

Accused

Procedural Posture

Criminal / Pre Trial Charter Application (s.10(b) and S.24(2))

Legal Issues

  1. 1 Were Mr. Jean-Noel's s.10(b) Charter rights breached?
  2. 2 Were the impugned items obtained in a manner that infringed the Charter?
  3. 3 Should the evidence be excluded under s.24(2) applying the Grant factors?

Ratio Decidendi

The seven-hour delay in facilitating counsel constituted a breach of s.10(b); the evidence was obtained in the same transaction as the arrest and therefore 'obtained in a manner' that infringed the Charter; balancing the Grant factors (seriousness of state conduct and impact on Charter interests favour exclusion; societal interest in trial merits favours admission) the long-term repute of the administration of justice requires exclusion of the impugned evidence under s.24(2).

Court Disposition

Section 10(b) breach found; s.24(2) application granted; evidence excluded; charges dismissed.

Orders

  • All evidence obtained as a result of the arrest and search excluded pursuant to section 24(2) of the Charter
  • Charges against Patrice Jean-Noel dismissed