R. v. L.C.

R. v. L.C.

The initial arrest for causing a disturbance was not supported by objectively and subjectively reasonable grounds and therefore was unlawful; the subsequent arrest and searches were effected incident to that unlawful arrest and the strip search was conducted without facilitating lawyer or parental contact contrary to s.10(b) and the YCJA; given the serious Charter breaches and the impact on a fifteen-year-old, admission of the seized evidence would bring the administration of justice into disrepute and the evidence must be excluded under s.24(2).

Citation
2014 NSPC 11
Parties
Crown: R.; Accused: C.(L.)
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
28 March 2014
Procedural Posture
Criminal (youth) / Charter Application (s.24(2) Application)
Outcome
Evidence excluded under section 24(2) of the Charter
Legal Topics
Section 8 Search and Seizure, Section 10(b) Right to Counsel, Section 24(2) Exclusion, Strip Search, Warrantless Arrest (s.495 Criminal Code), Possession for Purpose of Trafficking, Youth Criminal Justice Act S.26
Source Language
English
Charter Criminal Law Youth Justice Search and Seizure Section 8 Search and Seizure Section 10(b) Right to Counsel Section 24(2) Exclusion Strip Search +3 more

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Parties

R.

Crown

C.(L.)

Accused

Procedural Posture

Criminal (youth) / Charter Application (s.24(2) Application)

Legal Issues

  1. 1 Lawfulness of initial arrest for causing a disturbance under s.495(1)(b) Criminal Code
  2. 2 Lawfulness of subsequent arrest for possession for the purpose of trafficking based on alleged smell of marijuana
  3. 3 Lawfulness of pat search, backpack search and strip search incident to arrest

Ratio Decidendi

The initial arrest for causing a disturbance was not supported by objectively and subjectively reasonable grounds and therefore was unlawful; the subsequent arrest and searches were effected incident to that unlawful arrest and the strip search was conducted without facilitating lawyer or parental contact contrary to s.10(b) and the YCJA; given the serious Charter breaches and the impact on a fifteen-year-old, admission of the seized evidence would bring the administration of justice into disrepute and the evidence must be excluded under s.24(2).

Court Disposition

Evidence excluded under section 24(2) of the Charter

Orders

  • Evidence seized from the accused (TFMPP pills and approximately one gram of marijuana) is excluded from evidence pursuant to section 24(2) of the Charter.