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The court found police exceeded investigative detention powers, breached Charter rights, and excluded evidence seized from a residence under s. 24(2).
The British Columbia Court of Appeal upheld a firearm conviction, finding a lawful investigative detention and safety search of a man purse, and no reversible error in excluding the gun under s. 24(2).
The court dismissed claims arising from a police detention, search, and use of force during a robbery investigation, finding the officers acted lawfully and reasonably.
The Supreme Court of Canada restored convictions after holding that a brief roadblock and pat-down searches following a 911 gun call were lawful under the Charter.
On these facts the extension of the search to a closed zippered gun case in the glove compartment was not reasonably necessary for officer safety, violated s.8, and the resulting drug evidence was properly excluded under s.24(2); appeal dismissed and acquittal upheld.
Source excerpt
The Supreme Court held that police may briefly detain on reasonable suspicion and conduct a protective frisk, but not search a pocket without justification.
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