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The court upheld a warrantless arrest, rejected a s. 10(b) delay claim, and found a custodial strip search of Mr. Otchere reasonable under s. 8.
The factual basis of the appellant's pleaded wrongs (events of 2009 and the ensuing military investigation) is the same factual basis for which he receives disability awards under the Veterans Well-being Act; therefore s.9 of the CLPA bars the action (including alleged Charter remedies) and the Federal Court did not err in principle; moreover the motion record decisions could be considered on r.221 given they were referenced and not challenged; however the Federal Court erred in allowing any part of the claim to continue and the claim should have been struck in its entirety.
Source excerpt
The court dismissed a request for a mandatory order and reporting regime to secure French-language school facilities in Vancouver, and also dismissed a stay application.
Judicial review of a 90-day driving prohibition was dismissed. The Court held Williams was a driver, the adjudicator lacked Charter-remedial authority, and the provincial scheme was valid.
The court dismissed attempts to reopen a lengthy criminal trial, holding that fresh evidence failed the Palmer test, while allowing only a threshold Mack application.
The Court of Appeal dismissed an application for leave to appeal seeking state-funded counsel for a civil property dispute, finding no arguable Charter basis.
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