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The court upheld a protective pat-down during a dropped 911 call response, found no s. 8 or s. 9 breach, and dismissed the accused’s Charter application.
The accused failed to meet the required evidential burden that the 911 call-taker (Jordan Masters) was a person in authority allied with the state and capable of influencing the prosecution; 911 call-takers are not presumptively persons in authority and, on the facts, there was no evidence the caller reasonably believed the receiver had authority or control over the proceedings, therefore the threshold for excluding the statements was not met and the statements were admissible.
Source excerpt
Given detailed, contemporaneous 911 reports identifying vehicle, plate and occupants, plus matching police observations and the rapidly evolving, dangerous context, a reasonable officer in the position of Constable Verdoold had objectively reasonable and probable grounds to arrest for unlawful possession of a firearm; therefore the arrest and derivative searches were lawful and the appeal is dismissed.
Source excerpt
The court admitted a 911 recording in a criminal voir dire, finding it relevant, reliable, and more probative than prejudicial, while excluding the transcript as potentially misleading.
The court held police were justified in a warrantless cursory search of a residence after a 911 report of assault, captivity and firearms, dismissing the s. 8 challenge.
The court held that a six-minute warrantless safety sweep of Warren Hill’s residence was justified by credible gunshot reports and did not breach s. 8.
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