Canada Case Law

R. v. Cooper

Court

Supreme Court of Nova Scotia

On the totality of the circumstances the Information to Obtain provided reasonable and probable grounds to search 13 Kingsmere Court for firearms and ammunition; the night/no-knock and dynamic-entry authorization was justified by the risk posed by an armed suspect; the manner of execution (large tactical presence and limited use of CS gas) was reasonable and did not breach s.8; the post-search custody conditions did not meet the threshold for s.7 or s.12 breaches and did not warrant a stay of proceedings.

Source excerpt

• Sufficiency of information to obtain
• No-knock/night-time warrant
• Dynamic entry
• Use of less-lethal force (cs gas)
• Confidential informants
• Section 8 charter

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Further Detention of Things Seized (Re)

Court

Supreme Court of British Columbia

The court held extracted EDR data is not a “copy” under s. 490(13), but is a thing subject to ss. 489.1 and 490 and may be further detained until September 23, 2025.

• Further detention of seized property
• Seizure and retention of digital evidence
• Event data recorder (edr) data
• Section 490(13) criminal code copying exception
• Form 5.2 reporting requirements
• Charter s.8 and s.7 issues

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R. v. Khouchaba

Court

Supreme Court of British Columbia

The court found the initial traffic stop lawful, but held that Charter ss. 10(a) and 10(b) were breached when the focus shifted, and that the trunk search breached s. 8.

• Arbitrary detention (s.9)
• Unreasonable search (s.8)
• Right to counsel (s.10(a) and (b))
• Warrantless arrest (criminal code s.495)
• Section 24(2) exclusion of evidence
• Charter-right-to-counsel

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R. v. Gladue

Court

Supreme Court of British Columbia

The Crown appealed an acquittal for assaulting police. The court held valid consent to enter the shared basement suite was not proved, so the appeal was dismissed.

• Warrantless entry
• Third-party consent to entry
• Arrest in dwelling house
• Implied consent
• Feeney warrant
• Overlapping privacy interests

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R. v. Walczak

Court

Supreme Court of British Columbia

Voir dire in R. v. Walczak: the court upheld a warrantless safety search and arrest, but found the accused’s s. 10(b) right to counsel was breached at the scene.

• Charter s.8 search and seizure
• Charter s.9 arbitrary detention
• Charter s.10(b) right to counsel
• Exigent circumstances
• Protective safety searches
• Warrantless entry

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R. v. Jaramillo

Court

British Columbia Court of Appeal

The Court of Appeal allowed the Crown’s sentence appeal, set aside an 8-month conditional sentence and removed an 11-month Charter deduction, restoring the global 48-month sentence.

• Conditional sentence orders
• Pre-trial custody credit
• Section 7 security of the person
• Police service dog deployment
• Section 24(1) charter remedy
• Abuse of process

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R. v. Boufford

Court

Supreme Court of British Columbia

Charter voir dire on impaired-driving charges; the court found multiple breaches of ss. 7, 8, 9 and 10 arising from roadside detention, ASD delay, search, arrest, detention conditions, and lost video.

• Investigative detention
• Arrest
• Search and seizure
• Right to counsel
• Roadside screening/asd and breathalyzer procedure
• Disclosure and disclosure obligations

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R. v. Campbell

Court

Supreme Court of Canada

The Supreme Court of Canada held that police could continue a text conversation from a seized phone without a warrant because exigent circumstances justified the search.

• Section 8 charter (reasonable expectation of privacy)
• Exigent circumstances (s.11(7) cdsa)
• Interception (part vi criminal code)
• Search incident to arrest
• Section 24(2) charter exclusion of evidence
• Section-8-charter-reasonable-expectation-of-privacy

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R v. Smith

Court

Supreme Court of British Columbia

The court held that police lawfully detained Shaun Smith, entered the residence to complete the detention, and conducted a reasonable safety search. The evidence was admitted.

• S.8 search and seizure
• S.9 arbitrary detention
• S.24(2) exclusion of evidence
• Warrantless entry into dwellings
• Protective/safety searches
• Investigative-detention

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R. v. Mantley

Court

Supreme Court of Nova Scotia

The court found the warrantless arrest inside the dwelling breached s.9 because exigent circumstances (necessity and imminence) were not established; the Crown conceded s.8 and s.10(b) breaches. The breaches, while serious, were not egregious or shown to be the product of bad faith or a systemic practice sufficient to justify a stay. Under s.24(2) and Grant, the court excluded specific physical evidence seized in the initial unlawful entry (pair of Converse sneakers and a balaclava) and the incriminating statement made after the accused asserted his right to counsel, while declining to stay t…

Source excerpt

• Section 8 charter (search and seizure)
• Section 9 charter (arbitrary detention)
• Section 10(b) charter (right to counsel)
• Feeney warrant (warrant to arrest in dwelling)
• Exigent circumstances
• Section 24(2) exclusion of evidence

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