Canada Judgment

Supreme Court of Canada

R. v. Gagnon

On this page

Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The Court agreed with the Court of Appeal that the detention was unlawful under s.9 but that, after weighing the s.24(2) factors, the unlawful detention did not warrant exclusion of the evidence; the appeal was dismissed and the conviction affirmed.

Court disposition

Appeal dismissed; conviction affirmed

Orders

  • Appeal dismissed

02

Material facts

Parties

Frédéric Gagnon

Appellant Counsel: Mélanie Martel; Denis Barrette

Her Majesty The Queen

Respondent Counsel: Simon Blais; Benoît Lauzon

03

Procedural history

  1. Posture

    Criminal Appeal / Appeal as of Right to the Supreme Court of Canada; Judgment Rendered (appeal Dismissed)

04

Questions and positions

Legal issues

Party arguments

Applicant
The appellant argued the police detention was unlawful and arbitrary under s.9 and that the evidence obtained should be excluded under s.24(2).
Respondent
The Crown conceded detention was unlawful but argued that weighing the s.24(2) factors did not favour exclusion and the conviction should be upheld.

05

Court’s reasoning

  1. 01

    Canadian Charter of Rights and Freedoms, s.9

    Section 9 protects individuals against arbitrary detention

  2. 02

    Canadian Charter of Rights and Freedoms, s.24(2); R. v. Grant, 2009 SCC 32

    Section 24(2) requires exclusion analysis balancing seriousness of state conduct, impact on Charter-protected interests, and society's interest in adjudication on the merits

06

Ratio, limits and disposition

Ratio decidendi

The Court agreed with the Court of Appeal that the detention was unlawful under s.9 but that, after weighing the s.24(2) factors, the unlawful detention did not warrant exclusion of the evidence; the appeal was dismissed and the conviction affirmed.

Court disposition

Appeal dismissed; conviction affirmed

  • Appeal dismissed

Source and reliance status

Supreme Court of Canada · 24 February 2016

This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.

Judgment reading view

Judgment text

The complete available source text.

Source document

Supreme Court of Canada

Judgment· 24 February 2016

2016 SCC 6

R. v. Gagnon Collection Supreme Court Judgments Date 2016-02-24 Neutral citation 2016 SCC 6 Report [2016] 1 SCR 25 Case number 36581 Judges Cromwell, Thomas Albert; Wagner, Richard; Gascon, Clément; Côté, Suzanne; Brown, Russell On appeal from Quebec Notes SCC Case Information: 36581 Decision Content

SUPREME COURT OF CANADA Citation: R. v. Gagnon, 2016 SCC 6, [2016] 1 S.C.R. 25 Appeal heard: February 23, 2016 Judgment rendered: February 23, 2016 Docket: 36581 Between: Frédéric Gagnon Appellant and Her Majesty The Queen Respondent Official English Translation Coram: Cromwell, Wagner, Gascon, Côté and Brown JJ. Reasons for Judgment: (para.

1) Cromwell J. (Wagner, Gascon, Côté and Brown JJ. concurring) R. v. Gagnon, 2016 SCC 6, [2016] 1 S.C.R. 25 Frédéric Gagnon Appellant v. Her Majesty The Queen Respondent Indexed as: R. v. Gagnon 2016 SCC 6 File No.: 36581. 2016: February 23. Present: Cromwell, Wagner, Gascon, Côté and Brown JJ. on appeal from the court of appeal for quebec Constitutional law — Charter of Rights — Arbitrary detention — Remedy — Exclusion of evidence — Detention of accused by police unlawful — Weighing of relevant factors not favouring exclusion of evidence — Canadian Charter of Rights and Freedoms, ss. 9 , 24(2) . APPEAL from a judgment of the Quebec Court of Appeal (Doyon, Kasirer and Vauclair JJ.A.), 2015 QCCA 1138, [2015] AZ-51190659, [2015] J.Q. no 6206 (QL), 2015 CarswellQue 6218 (WL Can.), affirming the accused’s conviction. Appeal dismissed. Mélanie Martel and Denis Barrette, for the appellant. Simon Blais and Benoît Lauzon, for the respondent. English version of the judgment of the Court delivered orally by [1] Cromwell J. — This is an appeal as of right. We all agree, essentially for the reasons given by Doyon J.A. of the Quebec Court of Appeal, that it should be dismissed. The appeal is dismissed. Judgment accordingly. Solicitors for the appellant: Mélanie Martel, Joliette; Ouellet Nadon & Associées, Montréal. Solicitor for the respondent: Directeur des poursuites criminelles et pénales du Québec, Laval and Montréal.

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

R. v. Gagnon, 2016 SCC 6

Case cited

R. v. Grant, 2009 SCC 32

Case cited

Canadian Charter of Rights and Freedoms, s.9

Legislation

Legislation referenced in the available case record.

Canadian Charter of Rights and Freedoms, s.24(2)

Legislation

Legislation referenced in the available case record.

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.