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The court dismissed two Charter voir dires, upholding a brief cell phone search incident to arrest and validating a general warrant for prohibited devices.
La Cour a statué que l’accusé n’avait pas qualité pour contester l’accès aux communications sur le téléphone de Mme Tetz, celle-ci ayant consenti de façon libre et éclairée.
Appeal from convictions for possession of cocaine for the purpose of trafficking. The Court rejected the s. 11(b) delay claim but ordered a new trial on Teskey grounds.
Charter voir dire in R. v. Hill: the court found s. 8 breaches in searches of bags in a vehicle, but admitted the evidence under s. 24(2).
The court declined to summarily dismiss a pre-trial challenge and allowed evidence and full argument on standing and privacy in CCTV footage and fob records.
The court ruled on standing to challenge covert condominium surveillance, denying standing for the parking garage but granting it for the 12th floor hallway.
The court held that Kim and Pereira had standing to challenge the search of unit 1204 because they controlled access, but Latimer did not.
The court dismissed a mistrial application based on alleged ineffective counsel, but allowed the voir dire to be reopened and permitted further Charter notice and evidence.
Mr. Edwardsen’s conviction appeal was dismissed. The court held he validly waived attendance for the evidence tendered in his absence, and no voir dire was required on the renewed Charter issues.
The court held Dennis Halstead had standing to challenge a police search of a tenant list because he had a reasonable expectation of privacy in the record.
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