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The court held that Roy Joseph Pelgrom’s warrantless arrest under s. 79 of the Motor Vehicle Act was unlawful because he was not found driving at the time of arrest.
The court dismissed a s. 24(2) Charter application and held that fentanyl and methamphetamine seized from Harper’s backpack were admissible.
In a Charter voir dire, the court held the accused was arbitrarily arrested and unreasonably searched, but was not denied prompt access to counsel.
The appellant's guilty plea was uninformed because it was entered in reliance on erroneous information communicated by defence counsel (a mishearing of police radio communications) about the viability of the appellant's only defence; because accurate information would have given a realistic likelihood the appellant would have risked trial, leave to withdraw the plea was required and a new trial ordered.
Source excerpt
Extradition hearing on arrest, record admissibility, and delay. The court found the arrest not arbitrary, admitted the U.S. record, and held the delay did not bar committal.
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