Canada Case Law

R. v. Pileggi

Court

Court of Appeal for Ontario

The Court upheld the trial judge on ss.8 and 9 (search and handcuffing reasonable), found two s.10(b) infringements (failure to hold off from eliciting evidence and failure to facilitate counsel of choice causing a multi-hour delay), but concluded under s.24(2) that admission of the evidence would not bring the administration of justice into disrepute and therefore refused to exclude it; appeal dismissed and convictions affirmed.

Source excerpt

• Search and seizure
• Right to counsel
• Arbitrary detention
• Exclusion of evidence
• Search warrant execution
• Knock and announce

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R. v. Chan

Court

Supreme Court of British Columbia

The court dismissed a Charter challenge to police “breach and hold” entries during search-warrant execution, finding the manner of entry reasonable on the facts known to police.

• Search and seizure
• Section 8 charter
• Search warrant execution
• Breach and hold entry
• Dynamic entry
• Knock and announce

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R. v. Robertson

Court

British Columbia Court of Appeal

Appeal dismissed. The Court held the trial judge erred in treating a third party’s s. 10(b) breach as requiring a separate connection in the s. 24(2) analysis, but the evidence was still admissible; wilful blindness was also upheld.

• S.8 charter search and seizure
• S.10(b) right to counsel
• S.24(2) exclusion of evidence
• Knock and announce
• Overseizure
• Wilful blindness

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R. v. Flintroy

Court

Supreme Court of British Columbia

The court held that an RCMP ERT dynamic entry during a drug-search warrant execution was reasonable under s. 8 of the Charter, and dismissed the application.

• Section 8 charter
• Dynamic entry
• Knock and announce
• Exigent circumstances
• Evidentiary framework for search justification
• Charter-section-8

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R. v. Robertson

Court

Supreme Court of British Columbia

On a s. 24(2) voir dire, the court excluded evidence against Sarah Robertson but admitted it against Jason Robertson after weighing search and counsel breaches under Grant.

• Knock and announce
• Unauthorized seizure
• Right to counsel (s.10(b))
• Section 24(2) exclusion
• Grant factors
• Charter-remedies

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R. v. Robertson

Court

Supreme Court of British Columbia

The court found s. 8 breaches in a rushed knock-and-announce entry and in seizing miscellaneous items, while upholding seizure of firearms in safes and a vehicle safety search.

• Knock and announce
• Overseizure
• Section 8 charter
• Section 10(b) charter
• Right to counsel
• S.489 criminal code (offence-related property)

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R. v. Cornell

Court

Supreme Court of Canada

The Supreme Court of Canada dismissed an appeal challenging a forced drug-search entry, holding the search was reasonable and that s. 29 of the Criminal Code was satisfied.

• Search and seizure
• Search warrants
• Use of force
• Knock and announce
• Exclusion of evidence under s.24(2)
• Search-and-seizure

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R. v. Cao

Court

Supreme Court of British Columbia

The court held police breached the knock-and-announce rule during execution of a search warrant at a Surrey residence and excluded the evidence under s. 24(2).

• Knock and announce
• Dynamic entry
• S.8 unreasonable search
• S.24(2) exclusion
• Warrant execution
• Use of drawn weapons

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R. v. Lau

Court

British Columbia Court of Appeal

The court held that a forced, unannounced entry into a suspected grow operation was unreasonable and not in good faith, so the evidence was excluded and the convictions set aside.

• Search warrants
• Knock and announce
• Exigent circumstances
• Good faith
• Exclusion of evidence under s.24(2)
• Controlled drugs and substances act s.12

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