R. v. Marriott

R. v. Marriott

Given the violent in‑custody stabbing, the urgent need to locate a weapon and preserve evidence, and the coordinated police and correctional response, the strip searches were justified and conducted reasonably in the circumstances; any procedural non‑compliance was technical and did not engage the integrity of the justice system so as to warrant a stay, therefore the Charter motions are dismissed.

Citation
2021 NSSC 52
Parties
Crown: Her Majesty the Queen; Accused: Jacob Matthew Lilly; Accused: Andriko Jamal Crawley; Accused: Kirk Kenman Carridice
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
17 February 2021
Procedural Posture
Criminal / Charter Motion — Stay Application (oral Decision)
Outcome
Motions dismissed
Legal Topics
Section 8 Charter, Strip Search, Search Incident to Arrest, Golden Guidelines, Stay of Proceedings, Correctional Services Act Compliance
Source Language
English
Criminal Law Constitutional Law Corrections Law Section 8 Charter Strip Search Search Incident to Arrest Golden Guidelines Stay of Proceedings +1 more

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Parties

Her Majesty the Queen

Crown

Jacob Matthew Lilly

Accused

Andriko Jamal Crawley

Accused

Kirk Kenman Carridice

Accused

Procedural Posture

Criminal / Charter Motion — Stay Application (oral Decision)

Legal Issues

  1. 1 Whether strip searches of the accused violated s.8 of the Charter
  2. 2 Whether the searches complied with Golden guidelines and the Nova Scotia Correctional Services Act and Regulations
  3. 3 Whether any Charter breach requires a stay of proceedings

Ratio Decidendi

Given the violent in‑custody stabbing, the urgent need to locate a weapon and preserve evidence, and the coordinated police and correctional response, the strip searches were justified and conducted reasonably in the circumstances; any procedural non‑compliance was technical and did not engage the integrity of the justice system so as to warrant a stay, therefore the Charter motions are dismissed.

Court Disposition

Motions dismissed

Orders

  • Motions of Jacob Matthew Lilly, Andriko Jamal Crawley and Kirk Kenman Carridice seeking a stay are dismissed.