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The court held the traffic stop was lawful but found Charter breaches in delayed notice of detention reasons and an unjustified delay in access to counsel.
The ITO provided a credibly‑based probability that the accused’s iPhone would afford evidence in the form of messages (SMS/MMS), call logs and social media application messages between the accused, complainants, witnesses and friends, therefore the warrant was valid to authorize seizure and search for those items; however, the ITO did not support a reasonable inference to search for or seize emails, photos or videos (nor internet history, conceded by Crown), and seizure of those items exceeded the authorization and violated s.8; the police’s failure to keep detailed notes did not amount to a…
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The Supreme Court dismissed the Crown’s appeal, upholding exclusion of evidence and a new trial after police unlawfully entered and conducted a clearing search.
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.
Voir dire on the lawfulness of a warrantless arrest for alleged dial-a-dope trafficking; the court upheld reasonable grounds and admitted the seized evidence.
Judge found police and Crown breached s.7 and s.8 by obtaining and using a lawyer’s statement and seizing lawyer materials without complying with Lavallee safeguards; the Crown’s proposed after-the-fact vetting/voir-dire is constitutionally impermissible because the state has already seen and used the material; no alternative remedy can cure the prejudice or restore the integrity of the process; applying Babos the breaches are irremediable and a stay of proceedings is required.
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On the totality of the circumstances the arrest was objectively and subjectively supported because of a history of past proven reliability of the informant combined with corroborative surveillance and database checks linking the vehicle to Goodwin, therefore the arrest and searches incident to that lawful arrest were lawful; however the warrantless search of the cell phone did not meet the Fearon requirements and was unreasonable and its product is excluded, and on an alternative s.24(2) analysis the narcotics seized from the person would nevertheless be admitted.
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The court found Connor John MacDonald guilty of trafficking cocaine, held the police encounter was not a detention, and rejected the entrapment defence.
The court upheld the search warrant for two Bryne Road premises but found Charter breaches in the detention process, excluding the accused’s keys and statements.
Application dismissed: no s.10(b) breach because accused was advised of and spoke with duty counsel, never connected his request to call his mother with a need for legal advice, and police were not obliged to further probe absent an apparent nexus; therefore no Charter remedy under s.24(2).
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