R. v. Cromwell
Crown failed to prove on a balance of probabilities that officers had objective and subjective reasonable and probable grounds to conduct the strip search; the search also violated multiple Golden standards (excessive number of officers, lack of privacy with door open, coercion by threat of force, absence of documentation and training); the s.8 breach was serious and undermined the integrity of the justice system such that a stay of proceedings under s.24(1) is required.
- Citation
- 2024 NSPC 53
- Parties
- Crown: His Majesty the King; Accused: Dante Warnell Cromwell
- Court
- Nova Scotia Provincial Court
- Jurisdiction
- Canada
- Judgment Date
- 31 July 2024
- Procedural Posture
- Criminal (charter Application) / Blended Voir Dire and Trial; S.24(1) Stay Application
- Outcome
- Stay of proceedings entered
- Legal Topics
- Section 8 Charter, Strip Search, Section 24(1) Stay of Proceedings, Search Incident to Arrest, Reasonable and Probable Grounds, Police Documentation and Training, Racial Bias / Anti Black Racism
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
His Majesty the King
Crown
Dante Warnell Cromwell
Accused
Procedural Posture
Criminal (charter Application) / Blended Voir Dire and Trial; S.24(1) Stay Application
Legal Issues
- 1 Whether the strip search violated s.8 of the Charter
- 2 Whether police had reasonable and probable grounds to conduct the strip search
- 3 Whether the strip search was conducted in a reasonable manner consistent with Golden prerequisites
Ratio Decidendi
Crown failed to prove on a balance of probabilities that officers had objective and subjective reasonable and probable grounds to conduct the strip search; the search also violated multiple Golden standards (excessive number of officers, lack of privacy with door open, coercion by threat of force, absence of documentation and training); the s.8 breach was serious and undermined the integrity of the justice system such that a stay of proceedings under s.24(1) is required.
Court Disposition
Stay of proceedings entered
Orders
- Stay of proceedings entered on all matters against Dante Warnell Cromwell
Full Case Text
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