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The Court dismissed a Charter voir dire in a border-search case, finding no unconstitutional detention and no breaches of ss. 8, 9 or 10.
The Ontario Court of Appeal found the appellant was psychologically detained during a search warrant execution, but upheld admission of the statements under s. 24(2) and dismissed the appeal.
The British Columbia Court of Appeal dismissed Mr. Staetter’s appeal and upheld the Review Board’s detention order, finding the decision reasonable on the record.
The Federal Court dismissed Philippe Thirion’s action after he failed to present evidence at trial and his late adjournment request was refused. Costs were awarded against him.
The court found a s.8 Charter breach in a police frisk of Loukman Abdullah, but no independent s.10 breach; s.24(2) submissions were left for later.
In this voir dire, the court found the initial warrantless entries breached s. 8, confirmed an initial s. 9 detention breach, found a brief s. 10(b) breach, and upheld both consent searches.
The claimant was found credible on identity and account of past harm; nexus to a Convention ground (sexual orientation) established; objective country evidence (NDP, HRW) corroborates a real risk of persecution for lesbians in Rwanda; state protection is ineffective and no internal flight alternative exists without requiring concealment of sexual orientation; therefore the claimant meets the definition of a Convention refugee under s.96 IRPA.
Source excerpt
The trial judge’s credibility-based finding that the border services officer had formed a particularized suspicion and thereby detained the respondent engaged ss.7 and 10(b), and applying the Grant factors exclusion of the evidence under s.24(2) was required; those findings were entitled to deference and the Crown’s appeal was dismissed.
Source excerpt
Because the evidence showed the rotational lockdowns and resulting limited out-of-cell time applied facility-wide and the applicant was not subjected to conditions more restrictive than other inmates, the applicant did not demonstrate a distinct 'prison within a prison' deprivation of residual liberty; accordingly habeas corpus relief was unavailable and the application was dismissed.
Source excerpt
Charter s. 24(2) application dismissed after brief detention and s. 10 breaches; police observations of cash and baggie in a purse were admitted.
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