R. v. Fiddler

R. v. Fiddler

The court held it was unnecessary to determine whether the sleeper portion of the tractor unit is a 'dwelling house' under Criminal Code s.2 because s.8 Charter issues must be resolved by a contextual assessment of reasonable expectation of privacy based on the totality of the circumstances, not by applying the...

Source-derived case information.

Citation
2007 BCSC 344
Parties
Crown: Regina; Accused: Benjamin Edwin Fiddler
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 March 2007
Procedural Posture
Criminal / Trial Reasons for Judgment on S.8 Charter Issue
Outcome
Declined to decide whether the sleeper portion constitutes a 'dwelling house' under Criminal Code s.2; held that such a determination was unnecessary for resolving the s.8 Charter issue
Legal Topics
Section 8 Charter, Dwelling House Definition (criminal Code S.2), Reasonable Expectation of Privacy, Vehicle Sleeper Cab Searches
Source Language
english
Criminal Law Constitutional Law Search and Seizure Section 8 Charter Dwelling House Definition (criminal Code S.2) Reasonable Expectation of Privacy Vehicle Sleeper Cab Searches

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Summary, issues, holding and outcome

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Parties

Regina

Crown

Benjamin Edwin Fiddler

Accused

Procedural Posture

Criminal / Trial Reasons for Judgment on S.8 Charter Issue

Legal Issues

  1. 1 Whether the sleeper portion of a tractor unit falls within the definition of a 'dwelling house' in s.2 of the Criminal Code
  2. 2 Whether consideration of the statutory definition of 'dwelling house' is necessary to determine an accused's s.8 Charter rights
  3. 3 Whether the search of the sleeper portion infringed s.8 of the Charter

Ratio Decidendi

The court held it was unnecessary to determine whether the sleeper portion of the tractor unit is a 'dwelling house' under Criminal Code s.2 because s.8 Charter issues must be resolved by a contextual assessment of reasonable expectation of privacy based on the totality of the circumstances, not by applying the statutory dwelling-house definition categorically.

Court Disposition

Declined to decide whether the sleeper portion constitutes a 'dwelling house' under Criminal Code s.2; held that such a determination was unnecessary for resolving the s.8 Charter issue