R. v. Lynds

R. v. Lynds

The court held the officers lawfully transformed the traffic stop into a brief investigative detention because a constellation of objectively discernable facts gave articulable cause to suspect transportation/possession of contraband; a free‑air dog sniff around the exterior of the vehicle did not constitute a s.8 search because there is no reasonable expectation of privacy in ambient air surrounding a vehicle; the totality of information (including the dog indication) provided reasonable and probable grounds to arrest both defendants and to search the vehicle incident to arrest; although the informational component of s.10(b) was not proven and s.10 rights were breached at detention, the...

Citation
2007 NSPC 47
Parties
Crown: Her Majesty the Queen; Defendant: Christopher James Lynds; Defendant: Curtis Blair Lynds
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
28 June 2007
Procedural Posture
Criminal Multiple Charges Including Excise, Revenue and Criminal Code; Charter Voir Dire on Admissibility / Voir Dire on Charter Applications; Trial Ongoing
Outcome
Charter applications dismissed in part; s.10 informational breach found but evidence not excluded; trial to continue with evidence admitted
Legal Topics
Section 8 Search, Section 9 Detention, Section 10 Right to Counsel, Section 24 Exclusion, Police Dog Sniff, Search Incident to Arrest, Investigative Detention, Reasonable and Probable Grounds, Articulable Cause
Source Language
English
Constitutional Law Criminal Law Search and Seizure Evidence Motor Vehicle Law Regulatory Offences Section 8 Search Section 9 Detention +7 more

Case Brief

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Parties

Her Majesty the Queen

Crown

Christopher James Lynds

Defendant

Curtis Blair Lynds

Defendant

Procedural Posture

Criminal Multiple Charges Including Excise, Revenue and Criminal Code; Charter Voir Dire on Admissibility / Voir Dire on Charter Applications; Trial Ongoing

Legal Issues

  1. 1 Whether investigative detention violated s.9 of the Charter
  2. 2 Whether free-air drug dog sniff constituted a search under s.8
  3. 3 Whether arrests were supported by reasonable and probable grounds

Ratio Decidendi

The court held the officers lawfully transformed the traffic stop into a brief investigative detention because a constellation of objectively discernable facts gave articulable cause to suspect transportation/possession of contraband; a free‑air dog sniff around the exterior of the vehicle did not constitute a s.8 search because there is no reasonable expectation of privacy in ambient air surrounding a vehicle; the totality of information (including the dog indication) provided reasonable and probable grounds to arrest both defendants and to search the vehicle incident to arrest; although the informational component of s.10(b) was not proven and s.10 rights were breached at detention, the...

Court Disposition

Charter applications dismissed in part; s.10 informational breach found but evidence not excluded; trial to continue with evidence admitted

Orders

  • Applications alleging breaches of s.8 and s.9 dismissed
  • Applications alleging s.10 informational component breached at detention granted to extent of finding a breach, but remedy under s.24(2) denied