R. v. Chan

R. v. Chan

On the record before the court the 2011 search was an inventory search following a lawful driving prohibition and impoundment and did not breach s.8; there was no evidentiary basis to find the 2012 detention/arrest or subsequent search breached ss.9 or 8, and the court will not excise information from the ITO; accordingly the application is dismissed.

Citation
2020 BCSC 190
Parties
Crown: Regina; Accused: Duke Yin Chan; Accused: Lawton Louis Ma
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 February 2020
Procedural Posture
Criminal / Voir Dire
Outcome
Application dismissed
Legal Topics
Possession for Purpose of Trafficking, ITO (information to Obtain) Excision, Inventory Search, Vehicle Impoundment, Charter S.8 Search and Seizure, Charter S.9 Arbitrary Detention, Search Incidental to Arrest
Source Language
English
Criminal Law Controlled Drugs and Substances Constitutional Law Search and Seizure Pre Trial Evidence Possession for Purpose of Trafficking ITO (information to Obtain) Excision Inventory Search +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Regina

Crown

Duke Yin Chan

Accused

Lawton Louis Ma

Accused

Procedural Posture

Criminal / Voir Dire

Legal Issues

  1. 1 Whether information from two prior traffic stops should be excised from the ITO
  2. 2 Whether the 2011 vehicle search breached s.8 of the Charter
  3. 3 Whether the 2012 detention/arrest breached s.9 of the Charter and whether the subsequent search breached s.8

Ratio Decidendi

On the record before the court the 2011 search was an inventory search following a lawful driving prohibition and impoundment and did not breach s.8; there was no evidentiary basis to find the 2012 detention/arrest or subsequent search breached ss.9 or 8, and the court will not excise information from the ITO; accordingly the application is dismissed.

Court Disposition

Application dismissed

Orders

  • Information relating to the October 29, 2011 and June 6, 2012 traffic stops will not be excised from the Information to Obtain
  • Mr. Chan's application with respect to the two traffic stops is dismissed