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La Cour d’appel de l’Ontario rejette l’appel de Kamil Kurzyna de sa condamnation et de sa peine pour possession de drogue et infractions liées aux armes à feu.
The court dismissed a s. 24(2) Charter application and admitted evidence from a search of the accused’s fanny pack, finding the breaches moderate and the evidence important.
The court held there was no s.8 breach because the underground multi‑condominium parking area was shared and observable from public spaces; the arrest was supported by reasonable and probable grounds when viewed cumulatively; exigent circumstances justified a limited, non‑search entry into the unit; although there was a s.10(b) breach it did not causally relate to the discovery of the seized evidence and the Grant factors favoured admission, so the evidence was not excluded and the appeal was dismissed.
Source excerpt
The court held that evidence seized after a Charter-breaching arrest and search should be excluded under s. 24(2), despite the seriousness of the drug charges.
Constable Haight had both subjective belief and objectively reasonable grounds to arrest based on the totality of factors (speeding rental vehicle, travel direction, timing, blinds/tint, visible cardboard cases with identifying markings and officer interdiction training); the cardboard cases were lawfully observed under the plain view doctrine and opening a case was a lawful search incidental to arrest; Adwan’s s.10 rights were not breached as translator steps were taken promptly; Alharoun experienced a breach of s.10(a) and the implementational component of s.10(b) (delay and failure to faci…
Source excerpt
The court dismissed Charter applications alleging excessive force, unlawful search of an abandoned bag, and arbitrary detention in a drug prosecution.
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