R. v. Allison

R. v. Allison

The warrantless entry and search of the defendant's dwelling violated s.8 because the third party lacked authority and/or the consent was dubious and the police failed to seek the occupier's consent or a warrant; the police did not act in good faith and the seriousness of the breach required exclusion of the seized items under s.24(2).

Citation
2001 NSPC 14
Parties
Crown: Her Majesty the Queen; Defendant: Maurice Allison
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
14 June 2001
Procedural Posture
Criminal (criminal Code) / Voir Dire and S.24 Charter Remedy Decision
Outcome
s.8 Charter breach found; seized items excluded under s.24(2)
Legal Topics
Section 8 Charter, Section 24 Charter Remedy, Consent to Search, Warrantless Search, Expectation of Privacy, Exclusion of Evidence (collins/stillman)
Source Language
English
Criminal Law Constitutional Law Search and Seizure Evidence Section 8 Charter Section 24 Charter Remedy Consent to Search Warrantless Search +2 more

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Parties

Her Majesty the Queen

Crown

Maurice Allison

Defendant

Procedural Posture

Criminal (criminal Code) / Voir Dire and S.24 Charter Remedy Decision

Legal Issues

  1. 1 Whether the warrantless entry and search of the defendant's dwelling violated s.8 of the Charter
  2. 2 Whether the third party (Paris) had authority to consent to search the dwelling
  3. 3 Whether consent was voluntary and valid in the circumstances

Ratio Decidendi

The warrantless entry and search of the defendant's dwelling violated s.8 because the third party lacked authority and/or the consent was dubious and the police failed to seek the occupier's consent or a warrant; the police did not act in good faith and the seriousness of the breach required exclusion of the seized items under s.24(2).

Court Disposition

s.8 Charter breach found; seized items excluded under s.24(2)

Orders

  • Exclude all items seized from 1210 Pockwock Road from evidence
  • Specifically exclude the rifle and the drying marihuana seized during the warrantless search