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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.
La Cour d’appel a rejeté l’appel contre le rejet d’une pétition contestant la constitutionnalité des dispositions de la Motor Vehicle Act relatives à l’impoundment après excès de vitesse.
Appeal dismissed because the trial judge correctly applied Edwards criteria and, even assuming standing, the seizure was authorized by HTA s.221(1) as the vehicle was apparently abandoned, the subsequent inventory search was lawful and appropriately halted upon discovery of drugs, and the detention and arrest were lawful given the failure to identify and ongoing investigation including discovery of a probation breach; consequently no Charter breach required exclusion of the evidence.
Source excerpt
The court upheld a warrantless arrest and search after a detailed 9-1-1 firearm report, finding reasonable and probable grounds and no Charter breach.
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