R. v. Sparks

R. v. Sparks

The officer's stop and identity-based investigation relied on the driver's race without specific identifying particulars, constituting racial profiling and breaching ss.9 and 8 of the Charter; the self-identification evidence was excluded under s.24(2) and the charges were dismissed.

Citation
2022 NSPC 51
Parties
Crown: Her Majesty the Queen; Accused: Adrian Terrell Sparks
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
4 May 2022
Procedural Posture
Criminal Charter Application / Decision on Charter Application at Trial
Outcome
Charge dismissed
Legal Topics
Section 8 Unreasonable Search, Section 9 Arbitrary Detention, Section 24(2) Exclusion of Evidence, Racial Profiling Jurisprudence, Cross Racial Identification, Grant Test
Source Language
English
Charter Criminal Law Police Conduct Racial Profiling Evidence and Identification Section 8 Unreasonable Search Section 9 Arbitrary Detention Section 24(2) Exclusion of Evidence +3 more

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Parties

Her Majesty the Queen

Crown

Adrian Terrell Sparks

Accused

Procedural Posture

Criminal Charter Application / Decision on Charter Application at Trial

Legal Issues

  1. 1 Whether the detention on January 17, 2021 violated s.9 of the Charter
  2. 2 Whether the subsequent search/identity verification violated s.8 of the Charter
  3. 3 Whether evidence should be excluded under s.24(2) of the Charter

Ratio Decidendi

The officer's stop and identity-based investigation relied on the driver's race without specific identifying particulars, constituting racial profiling and breaching ss.9 and 8 of the Charter; the self-identification evidence was excluded under s.24(2) and the charges were dismissed.

Court Disposition

Charge dismissed

Orders

  • Evidence of the accused's identity excluded under s.24(2) of the Charter
  • Charges dismissed for lack of admissible evidence