Canada Case Law

R. v. Allen-Simec

Court

Supreme Court of Nova Scotia

Applications dismissed. The accused failed to show a reasonable possibility that non‑production by US authorities prejudiced his ability to make full answer and defence; disclosure to date was substantial and the alleged missing material was speculative. Hearsay reliance on US law‑enforcement information in the ITOs was permissible where the RCMP used that material as a lead, corroborated it through independent Canadian investigative steps, and presented credibly based information; on the face of the ITOs an issuing judge could have been satisfied the statutory thresholds were met. No Charter…

Source excerpt

• Charter s.7
• Charter s.8
• Charter s.11(d)
• Charter s.24(1)
• Charter s.24(2)
• Stinchcombe disclosure

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United States v. Federuik

Court

Supreme Court of British Columbia

In an extradition disclosure ruling, the Court ordered targeted disclosure about CBSA-related materials and the applicant’s police statement, but refused broader speculative requests.

• Disclosure
• Admissibility of canadian-gathered evidence
• Extradition act s.32(2)
• Customs act s.107(5)(a)
• Canada post corporation act s.41(1)(c)
• Privacy act

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R. v. Watroba

Court

Supreme Court of British Columbia

The court dismissed a s. 24(2) Charter application and admitted evidence from a search of the accused’s fanny pack, finding the breaches moderate and the evidence important.

• Section 8 charter search and seizure
• Section 9 arbitrary detention/arrest
• Section 10(b) right to counsel
• Section 24(2) exclusion of evidence
• Search incident to arrest
• Discoverability doctrine

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R. v. Shen

Court

Court of Appeal for Ontario

The Court dismissed the appeal: the cellphone search did not breach s.8 because videos reasonably fell within the warrant's categories and the broader search was conducted in good faith and within scope; any late disclosure of the ITO did not materially prejudice the appellant's s.7 rights given the adjournment and opportunity to bring a Charter application; and the trial judge adequately accounted for pre‑sentence custody mitigation, so no sentencing error was made.

Source excerpt

• Sexual assault
• Charter s.8 search and seizure
• Charter s.7 fair trial/non-disclosure
• Scope of search warrants
• Disclosure and mistrial
• Pre‑sentence custody credit (downes/duncan)

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R. v. Abdelkader

Court

Supreme Court of British Columbia

The court held the accused retained privacy interests in a hidden vehicle compartment and its contents, found warrantless search and seizure breaches, and held the police-CFO conduct supported a s. 7 abuse of process claim.

• Section 8 charter - unreasonable search and seizure
• Section 7 charter - abuse of process / principles of fundamental justice
• S.24(2) exclusion of evidence
• Criminal code ss.489-490 detention and return of property
• Consent doctrine
• Plain view doctrine

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R. v. Islam

Court

Supreme Court of British Columbia

The court dismissed Charter challenges to two general warrants sought for covert surveillance in a drug-trafficking investigation, finding the warrants valid on facial review.

• General warrants
• Section 487.01 criminal code
• Reasonable grounds to believe
• Best interests of the administration of justice
• Privacy balancing
• General-warrants

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R. v. Bonson

Court

Supreme Court of British Columbia

The court partly granted a Charter application in a criminal matter, finding breaches tied to release on an appearance notice, a drug-investigation shift, and an unlawful trafficking arrest.

• Section 8 search and seizure
• Section 9 arbitrary detention
• Section 10(a)/(b) right to be informed and right to counsel
• Investigative detention
• Plain view doctrine
• Search incident to arrest

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R. v. Dautruche

Court

Court of Appeal for Ontario

The vehicle search was a lawful search incident to arrest because the officer subjectively believed and had an objectively reasonable basis to search for evidence explaining the defendant’s flight; no s. 8 breach occurred and, alternatively, admission would be saved under s. 24(2) under Grant; the circumstantial evidence supported the sole rational inference that the appellant ejected the bag from the driver’s side window and guilt was proven beyond a reasonable doubt, therefore the appeal is dismissed.

Source excerpt

• Search incident to arrest
• Section 8 charter
• Section 24(2) exclusion
• Possession for purpose of trafficking
• Circumstantial evidence and inferences
• Flight from police

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R. v. Colley

Court

Nova Scotia Provincial Court

The court found the officers acted within the common law implied licence to approach and knock to investigate a reported erratic driver and did not conduct a s.8 search; consequently there was no Charter breach. Alternatively, any minimal breach would not attract exclusion under s.24(2) (Grant). The breathalyzer readings were admissible and proved, beyond a reasonable doubt, that the accused’s blood alcohol exceeded the legal limit, but the Crown did not prove the separate element of impaired operation; therefore the accused was convicted of the over-80 offence and acquitted of impaired opera…

Source excerpt

• Impaired driving
• Section 8 charter (search and seizure)
• Section 24(2) charter exclusion
• Implied licence to knock
• Breathalyzer evidence (over 80)
• Standard of proof - beyond reasonable doubt

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R. v. Monteith

Court

Supreme Court of British Columbia

The court upheld a search warrant and two production orders in a murder investigation, finding the ITOs met the reasonable grounds standard after excising CDR references.

• Search warrants
• Production orders
• Section 8 charter (unreasonable search and seizure)
• Section 24(2) charter (exclusion of evidence)
• Judicial authorization review
• Search-warrants

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