Gregory v. Canada

Gregory v. Canada

On the facts the customs officer had reasonable and probable grounds based on multiple valid indicators (flight origin, late check-in, high risk flight, travelling alone and observed irregularity in a bottle) to continue examination, to arrest and to momentarily restrain the plaintiff; the plaintiff was informed of her right to counsel and declined to exercise it; use of handcuffs in the circumstances was reasonable; accordingly there was no Charter breach and the plaintiff's action is dismissed (alternatively barred by the 90‑day Customs Act limitation period).

Citation
2002 FCT 420
Parties
Plaintiff: Sandra Gregory; Defendant: Her Majesty the Queen
Court
Federal Court
Jurisdiction
Canada
Judgment Date
11 April 2002
Procedural Posture
Charter Damages Action Arising From Customs Search and Arrest / Trial Judgment (reasons for Judgment)
Outcome
Plaintiff's action dismissed
Legal Topics
Indicators for Interception, Reasonable and Probable Grounds, Right to Counsel, Use of Restraints/handcuffs, Limitation Period (customs Act), Pleadings and Admissibility of Systemic Discrimination Evidence
Source Language
English
Constitutional Law Search and Seizure Arrest and Detention Customs Law Evidence Law Indicators for Interception Reasonable and Probable Grounds Right to Counsel +3 more

Case Brief

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Parties

Sandra Gregory

Plaintiff

Her Majesty the Queen

Defendant

Procedural Posture

Charter Damages Action Arising From Customs Search and Arrest / Trial Judgment (reasons for Judgment)

Legal Issues

  1. 1 Was the search of the plaintiff's luggage unreasonable?
  2. 2 Was the plaintiff denied the right to retain and instruct counsel without delay and to be informed of that right?
  3. 3 Was the plaintiff detained and arrested without reasonable and probable grounds?

Ratio Decidendi

On the facts the customs officer had reasonable and probable grounds based on multiple valid indicators (flight origin, late check-in, high risk flight, travelling alone and observed irregularity in a bottle) to continue examination, to arrest and to momentarily restrain the plaintiff; the plaintiff was informed of her right to counsel and declined to exercise it; use of handcuffs in the circumstances was reasonable; accordingly there was no Charter breach and the plaintiff's action is dismissed (alternatively barred by the 90‑day Customs Act limitation period).

Court Disposition

Plaintiff's action dismissed

Orders

  • Action dismissed
  • Parties may make written submissions on costs, not exceeding three pages, within ten days