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The Ontario Court of Appeal dismissed Mohamed Abdalla’s appeal, upholding the trial judge’s findings that a safety search incident to detention was reasonable and that there was no s. 10(b) breach.
The Court dismissed the appeal, holding the trial judge did not err: the pat-down of the appellant and his satchel could lawfully have been conducted as part of an investigative detention and the trial judge properly applied the Grant factors without impermissible double-counting; the evidence was therefore admissible under s.24(2).
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On the totality of the circumstances a reasonable person in the officer's position had reasonable suspicion to continue detaining the appellant despite a non-matching skin-colour descriptor because multiple other objective factors matched (four physical descriptors, distinctive vehicle, temporal and geographic proximity); the brief pat down for safety was lawful; the knapsack search was unlawful but admission of the drug evidence under s.24(2) was appropriate; appeal dismissed and convictions upheld
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The detention exceeded lawful investigative detention because the officer lacked reasonable grounds to suspect Mayo was connected to an offence; the officer conducted a search beyond a justified protective pat-down and failed to advise of s.10(b) rights; these Charter breaches (s.9, s.10(b), s.8) were serious and their impact substantial, and under s.24(2) considering Grant the statement must be excluded as its admission would bring the administration of justice into disrepute.
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The court held that the traffic stop was lawful, but the vehicle search exceeded protective-search limits under s. 8. The seized drugs, gun, and ammunition were excluded under s. 24(2).
The court found multiple Charter breaches during a drug and fraud investigation, including an unreasonable search, an unlawful arrest, invalid incident searches, warrantless entry, and an unlawful strip search.
Police had articulable cause to detain the accused, but the search of Bartoli's pocket exceeded a lawful safety search. The cocaine was excluded and the charges dismissed.
The Court of Appeal upheld the conviction, holding police had articulable cause to detain and search the appellant after a bank robbery, with no s. 8 breach.
The Court of Appeal held the pat-down search was reasonable and authorized by the common law power incident to a lawful detention; the trial judge erred in requiring independent grounds to justify the search; appeal allowed and matter remitted for entry of conviction and sentence.
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The Court of Appeal held that police lawfully detained the appellant but unlawfully searched his pillowcases and arrested him, requiring exclusion of the evidence and an acquittal.
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