R. v. Buckler

The court found that a psychological detention occurred once questioning progressed to a more serious offence; the officer failed to advise the accused of his s.10(b) rights or seek a warrant for seizure, constituting a Charter breach; evidence obtained as a direct result of that breach must be excluded under s.24(2).

Citation: 2009 NSPC 22
Parties: Crown: Her Majesty The Queen; Accused: Donald Gregory Buckler
Court: Nova Scotia Provincial Court
Jurisdiction: Canada
Judgment Date: 8 May 2009
Procedural Posture: Criminal / Pre Trial Charter Application (s.10(b), S.8, S.24(2))
Outcome: Charter breach found (s.10(b)); evidence obtained as a result of the breach excluded under s.24(2).
Legal Topics: S.10(b) Right to Counsel, S.8 Unreasonable Search and Seizure, S.24(2) Exclusion of Evidence, Psychological Detention, Search Warrants
Source Language: English

Criminal Law Constitutional Law Evidence Law Police Powers S.10(b) Right to Counsel S.8 Unreasonable Search and Seizure S.24(2) Exclusion of Evidence Psychological Detention +1 more

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Full judgment text Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1

Parties

Her Majesty The Queen

Crown

Donald Gregory Buckler

Accused

Procedural Posture

Criminal / Pre Trial Charter Application (s.10(b), S.8, S.24(2))

Legal Issues

1 Whether the accused was 'detained' for Charter purposes
2 Whether s.10(b) right to counsel was breached
3 Whether the seizure of photographs was lawful under s.8

Ratio Decidendi

Court Disposition

Charter breach found (s.10(b)); evidence obtained as a result of the breach excluded under s.24(2).

Orders

Evidence forming the basis of the charges obtained after the s.10(b) breach is excluded under s.24(2) of the Charter