R. v. Borden

R. v. Borden

The court found the officers should have obtained a Feeney warrant for entry into the trailer given the accused's limited expectation of privacy; the arrest was unlawful and therefore the resisting arrest count was stayed, but the uttering threats and breach of probation charges were not causally connected to the Charter breach and therefore remain.

Citation
2002 NSPC 3
Parties
Crown: Her Majesty the Queen; Defendant: John Arthur Borden
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
21 February 2002
Procedural Posture
Criminal / Decision on Charter Application (s.24)
Outcome
Application granted in part and dismissed in part
Legal Topics
Arrest, Entry Into Dwelling, Feeney Warrant, Charter S.24 Remedy, Exclusion of Evidence, Resisting Arrest, Uttering Threats, Breach of Probation
Source Language
English
Criminal Law Constitutional Law Procedural Law Arrest Entry Into Dwelling Feeney Warrant Charter S.24 Remedy Exclusion of Evidence +3 more

Case Brief

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Parties

Her Majesty the Queen

Crown

John Arthur Borden

Defendant

Procedural Posture

Criminal / Decision on Charter Application (s.24)

Legal Issues

  1. 1 Whether entry into the accused's residence and arrest without a Feeney warrant violated the accused's Charter rights
  2. 2 Whether the unlawful arrest required exclusion of charges or evidence under s.24 of the Charter
  3. 3 Whether the charge of resisting arrest is unsustainable as a result of an unlawful arrest

Ratio Decidendi

The court found the officers should have obtained a Feeney warrant for entry into the trailer given the accused's limited expectation of privacy; the arrest was unlawful and therefore the resisting arrest count was stayed, but the uttering threats and breach of probation charges were not causally connected to the Charter breach and therefore remain.

Court Disposition

Application granted in part and dismissed in part

Orders

  • Count #1 (resisting arrest under s.129(1)) stayed as unsustainable due to unlawful arrest.
  • Application dismissed as to Counts #2 and #3; charges of breach of probation (s.733.1(1)) and uttering threats (s.264.1(1)) remain.