R. v. Gibson

R. v. Gibson

The arrest of the accused and companions lacked objectively reasonable and probable grounds; the ensuing search revealed marijuana but was unreasonable under ss.8 and 9 of the Charter; balancing under s.24(2) (Grant) found police conduct reckless, the breach significantly impaired Charter interests, and given the minor nature of the offence admission would bring the administration of justice into disrepute — the marijuana evidence is therefore excluded.

Citation
2013 NSPC 56
Parties
Crown: Her Majesty the Queen; Accused: Teilor Gibson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
15 July 2013
Procedural Posture
Criminal / Voir Dire on Charter Application (s.8, S.9) and S.24(2) Exclusion)
Outcome
Charter breaches found (ss.8 and 9); marijuana evidence excluded under s.24(2)
Legal Topics
Arbitrary Detention, Warrantless Arrest, Reasonable and Probable Grounds, Investigative Detention, S.24(2) Exclusion, Plain View Doctrine
Source Language
English
Criminal Law Charter Law Search and Seizure Evidence Exclusion Controlled Substances Law Arbitrary Detention Warrantless Arrest Reasonable and Probable Grounds +3 more

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Parties

Her Majesty the Queen

Crown

Teilor Gibson

Accused

Procedural Posture

Criminal / Voir Dire on Charter Application (s.8, S.9) and S.24(2) Exclusion)

Legal Issues

  1. 1 Whether the detention/arrest of the accused was arbitrary in breach of s.9 of the Charter
  2. 2 Whether the warrantless search of the accused (purse/plain view) was unreasonable under s.8 of the Charter
  3. 3 Whether the evidence seized should be excluded under s.24(2) of the Charter

Ratio Decidendi

The arrest of the accused and companions lacked objectively reasonable and probable grounds; the ensuing search revealed marijuana but was unreasonable under ss.8 and 9 of the Charter; balancing under s.24(2) (Grant) found police conduct reckless, the breach significantly impaired Charter interests, and given the minor nature of the offence admission would bring the administration of justice into disrepute — the marijuana evidence is therefore excluded.

Court Disposition

Charter breaches found (ss.8 and 9); marijuana evidence excluded under s.24(2)

Orders

  • Exclude the marijuana seized from Ms. Gibson from the Crown's case under s.24(2) of the Canadian Charter of Rights and Freedoms
  • Voir dire allowed and Crown evidence obtained by the breach not admitted