R. v. Solomon

R. v. Solomon

Assuming a s.8 infringement, the three telephone calls were admissible under s.24(2) and the appeal is dismissed.

Source-derived case information.

Citation
[1997] 3 SCR 696
Parties
Appellant: Eddy Solomon; Respondent: Her Majesty The Queen
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
10 October 1997
Procedural Posture
Criminal Appeal / Appeal to the Supreme Court of Canada From the Quebec Court of Appeal
Outcome
Appeal dismissed; judgment of the Quebec Court of Appeal setting aside the acquittal and ordering a new trial upheld
Legal Topics
Charter S.8, Charter S.24(2), Admissibility of Evidence, Telephone Conversations
Source Language
english
Constitutional Law Criminal Law Evidence Search and Seizure Charter S.8 Charter S.24(2) Admissibility of Evidence Telephone Conversations

Source-derived case record

Summary, issues, holding and outcome

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Parties

Eddy Solomon

Appellant

Her Majesty The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal to the Supreme Court of Canada From the Quebec Court of Appeal

Legal Issues

  1. 1 Whether s.8 of the Canadian Charter of Rights and Freedoms was infringed by the obtaining of telephone communications
  2. 2 Whether evidence obtained should be excluded under s.24(2) of the Charter

Ratio Decidendi

Assuming a s.8 infringement, the three telephone calls were admissible under s.24(2) and the appeal is dismissed.

Court Disposition

Appeal dismissed; judgment of the Quebec Court of Appeal setting aside the acquittal and ordering a new trial upheld

Orders

  • Appeal dismissed
  • Judgment of the Quebec Court of Appeal setting aside the acquittal and ordering a new trial is upheld