R. v. J.J.W.

R. v. J.J.W.

Judge found on credibility and documentary inconsistencies that the officer arrested the accused only after discovering marijuana in an unlawful search, making the search a breach of section 8. The breach was serious, intruded on a high expectation of privacy, and exclusion of the seized eight grams of cannabis under section 24(2) was necessary to avoid bringing the administration of justice into disrepute; no remedial finding on s.10(b) was required because rights were read after the lawful arrest as found.

Citation
2008 NSPC 16
Parties
Crown: Her Majesty the Queen; Young Person / Accused: J.J.W.; Arresting Officer / Witness: Constable Dalphy
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
16 April 2008
Procedural Posture
Criminal Youth / Voir Dire and Trial; Decision on Charter Issues
Outcome
Seized cannabis excluded from evidence under section 24(2) of the Charter.
Legal Topics
Section 8 Unreasonable Search, Section 10(b) Right to Counsel, Section 9 Detention/arrest, Section 24(2) Exclusion of Evidence, Checkpoints/roadblocks, Olfactory Evidence
Source Language
English
Charter Law Criminal Law Search and Seizure Youth Justice Controlled Drugs and Substances Section 8 Unreasonable Search Section 10(b) Right to Counsel Section 9 Detention/arrest +3 more

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Parties

Her Majesty the Queen

Crown

J.J.W.

Young Person / Accused

Constable Dalphy

Arresting Officer / Witness

Procedural Posture

Criminal Youth / Voir Dire and Trial; Decision on Charter Issues

Legal Issues

  1. 1 Whether the police checkpoint was operated beyond constitutional limits
  2. 2 Whether section 10(b) Charter rights were violated by delay in advising of right to counsel
  3. 3 Whether the search of the accused violated section 8 of the Charter

Ratio Decidendi

Judge found on credibility and documentary inconsistencies that the officer arrested the accused only after discovering marijuana in an unlawful search, making the search a breach of section 8. The breach was serious, intruded on a high expectation of privacy, and exclusion of the seized eight grams of cannabis under section 24(2) was necessary to avoid bringing the administration of justice into disrepute; no remedial finding on s.10(b) was required because rights were read after the lawful arrest as found.

Court Disposition

Seized cannabis excluded from evidence under section 24(2) of the Charter.

Orders

  • Eight grams of cannabis seized from J.J.W. are excluded from the trial record pursuant to section 24(2) of the Charter.