R. v. R.C.

R. v. R.C.

The young person was lawfully arrested for possession of a stolen vehicle; the strip search was specifically related to that arrest given the totality of circumstances, was carried out at the station in a reasonable and minimally intrusive manner consistent with Golden, the YCJA does not impose a pre‑search consultation requirement with counsel or guardian, and therefore the strip search was lawful and the 17.8 grams of crack cocaine are admissible; even if a Charter breach existed, exclusion under s.24(2) was unwarranted.

Citation
2008 NSPC 12
Parties
Crown: Her Majesty the Queen; Accused: R.C.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
5 March 2008
Procedural Posture
Youth Criminal Prosecution — Possession for Purpose of Trafficking (controlled Drugs and Substances Act S.5(2)) / Voir Dire on Lawfulness of Strip Search and Admissibility; Findings Incorporated Into Trial Proper
Outcome
Strip search ruled lawful; 17.8 grams of crack cocaine admitted into evidence; voir dire findings to form part of the trial.
Legal Topics
Strip Search, Search Incident to Arrest, Reasonable and Probable Grounds, Section 8 Charter (unreasonable Search and Seizure), Section 24(2) Charter (exclusion of Evidence), Youth Criminal Justice Act Protections, Admissibility of Evidence, Evidence Preservation
Source Language
English
Criminal Law Charter Law Youth Justice Search and Seizure Controlled Substances Strip Search Search Incident to Arrest Reasonable and Probable Grounds +5 more

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Parties

Her Majesty the Queen

Crown

R.C.

Accused

Procedural Posture

Youth Criminal Prosecution — Possession for Purpose of Trafficking (controlled Drugs and Substances Act S.5(2)) / Voir Dire on Lawfulness of Strip Search and Admissibility; Findings Incorporated Into Trial Proper

Legal Issues

  1. 1 Was the strip search lawful under the Charter?
  2. 2 Was the strip search incident to a lawful arrest?
  3. 3 Was the strip search conducted in a reasonable manner at the police station?

Ratio Decidendi

The young person was lawfully arrested for possession of a stolen vehicle; the strip search was specifically related to that arrest given the totality of circumstances, was carried out at the station in a reasonable and minimally intrusive manner consistent with Golden, the YCJA does not impose a pre‑search consultation requirement with counsel or guardian, and therefore the strip search was lawful and the 17.8 grams of crack cocaine are admissible; even if a Charter breach existed, exclusion under s.24(2) was unwarranted.

Court Disposition

Strip search ruled lawful; 17.8 grams of crack cocaine admitted into evidence; voir dire findings to form part of the trial.

Orders

  • Publication restriction under YCJA s.110(1) to protect identity of young person