R. v. Wilkinson

R. v. Wilkinson

The accused abandoned the backpack when he ran away and thereby forfeited any reasonable expectation of privacy in it; consequently the contents were not obtained in a manner that infringed Charter rights, and application of the Grant factors (minor nature of the Charter breach, limited intrusion, and strong...

Source-derived case information.

Citation
2020 BCSC 2231
Parties
Crown: Regina; Accused: James Christopher Wilkinson
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 November 2020
Procedural Posture
Criminal / Oral Ruling on Voir Dire Re S.24(2) Application
Outcome
Application to exclude evidence under s.24(2) dismissed
Legal Topics
Section 24(2) Exclusion, Section 9 Arbitrary Detention, Section 8 Search and Seizure, Section 10 Rights Upon Detention/arrest, Abandonment of Property, Grant Factors for S.24(2)
Source Language
english
Constitutional Law Criminal Law Evidence Law Charter Litigation Section 24(2) Exclusion Section 9 Arbitrary Detention Section 8 Search and Seizure Section 10 Rights Upon Detention/arrest +2 more

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Parties

Regina

Crown

James Christopher Wilkinson

Accused

Procedural Posture

Criminal / Oral Ruling on Voir Dire Re S.24(2) Application

Legal Issues

  1. 1 Whether the backpack and items on the accused were obtained in a manner that infringed Charter rights
  2. 2 Whether the evidence should be excluded under s.24(2) of the Charter having regard to Grant factors
  3. 3 Whether abandonment of the backpack negated any reasonable expectation of privacy

Ratio Decidendi

The accused abandoned the backpack when he ran away and thereby forfeited any reasonable expectation of privacy in it; consequently the contents were not obtained in a manner that infringed Charter rights, and application of the Grant factors (minor nature of the Charter breach, limited intrusion, and strong societal interest in admitting reliable physical evidence central to the Crown's case) leads to dismissal of the s.24(2) exclusion and admission of the backpack contents and the items found on the accused's person.

Court Disposition

Application to exclude evidence under s.24(2) dismissed

Orders

  • Evidence seized from the backpack and the items found on the person of the accused are admissible
  • Hearing for stage one of jury selection scheduled to commence November 12, 2020