Canada Case Law

R v Carvery

Court

Supreme Court of Nova Scotia

On the face of the ITO, taken in its totality, there was sufficient, corroborated, and credibility-based information from multiple confidential informants and police records such that a justice of the peace could have been satisfied there were reasonable and probable grounds to issue the search warrant; consequently the search was properly authorized and the Charter application is dismissed; alternatively, even if there were a s.8 breach, exclusion under s.24(2) is not warranted because the breach was not serious, police acted in good faith, and admitting the reliable and critical evidence is…

Source excerpt

• Search warrant sufficiency
• Confidential informants
• Section 8 charter (search and seizure)
• Section 24(2) charter (exclusion)
• Corroboration and reliability of ci information

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R. v. Garkouth, Ibrahim Hussein, and Obatusa

Court

Supreme Court of British Columbia

The court held that Ramadhan Ibrahim Hussein’s police statement was voluntary and admissible after a contextual voir dire analysis of the interview.

• Voluntariness of statements
• Confessions rule
• Right to counsel (s.10(b))
• Police inducement and oppression
• Operating mind
• Police trickery

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R. v. Bhatti

Court

Court of Appeal for Ontario

Ontario Court of Appeal held the general warrant authorized seizure of multiple phones and the nearby door void search, so there was no s. 8 breach; appeal allowed and a new trial ordered.

• Search and seizure
• General warrant (s.487.01)
• Digital device search
• Charter s.8
• Charter s.24(2)
• Warrant interpretation

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R. v. Alexander

Court

Supreme Court of British Columbia

The court upheld a search warrant for 52 Athletic Street, finding the amplified record still supported reasonable grounds and no s. 8 breach.

• Section 8 charter
• Search warrant (s.487 criminal code)
• Reasonable grounds
• Sub-facial challenge
• Affiant disclosure obligations
• Reliability of informant

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R. v. Wiwchar

Court

Supreme Court of British Columbia

The court held Project Loyalty is generally a separate third-party investigation, but its ITOs are obviously relevant and must be reviewed for possible Stinchcombe disclosure.

• Stinchcombe disclosure
• O'connor third-party disclosure
• Mcneil duty to inquire
• Obstruction of justice
• Lost evidence
• First party vs third party records

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R. v. Hardenstine

Court

Supreme Court of British Columbia

The court found a pretextual vehicle stop, unlawful downstream searches, delayed Charter warnings, and excessive force, excluding the firearms under s. 24(2).

• Arbitrary detention
• Investigative detention
• Search incident to arrest
• Charter s.10 rights
• Exclusion of evidence s.24(2)
• Excessive force and taser use

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R. v. Gilliland

Court

Supreme Court of British Columbia

The court found the lead officer’s evidence unreliable and held that the accused was arrested without lawful grounds, making the incident search unlawful and the s. 10 delay unjustified.

• Arrest and detention
• Search incident to arrest
• Section 8 search and seizure
• Section 9 arbitrary detention
• Section 10 right to be informed
• Charter remedy s.24(2)

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R. v. Knight

Court

Supreme Court of British Columbia

The court held the traffic stop was lawful but found Charter breaches in delayed notice of detention reasons and an unjustified delay in access to counsel.

• Detention and arrest
• Section 10(a) charter - reasons for detention
• Section 10(b) charter - right to counsel (informational and implementational)
• Investigative detention
• Search and seizure
• Reasonable grounds

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Grenfal v. British Columbia (Minister of Public Safety and Solicitor General)

Court

Supreme Court of British Columbia

The court held that releasing a police service dog to arrest a kneeling suspect was not justified under s. 25, constituting assault and battery and warranting damages.

• Assault and battery
• Police service dog (psd) deployment
• Section 25 criminal code justification
• Excessive force
• Damages assessment
• Assault-and-battery

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R. v. Cromwell

Court

Nova Scotia Provincial Court

Crown failed to prove on a balance of probabilities that officers had objective and subjective reasonable and probable grounds to conduct the strip search; the search also violated multiple Golden standards (excessive number of officers, lack of privacy with door open, coercion by threat of force, absence of documentation and training); the s.8 breach was serious and undermined the integrity of the justice system such that a stay of proceedings under s.24(1) is required.

Source excerpt

• Section 8 charter
• Strip search
• Section 24(1) stay of proceedings
• Search incident to arrest
• Reasonable and probable grounds
• Police documentation and training

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