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The court found a pretextual vehicle stop, unlawful downstream searches, delayed Charter warnings, and excessive force, excluding the firearms under s. 24(2).
The court excluded Mr. Dupray’s pre-caution admissions under s. 24(2) for a s. 10(b) breach, but admitted a loaded Glock found in plain view under a valid warrant.
The court held the accused retained privacy interests in a hidden vehicle compartment and its contents, found warrantless search and seizure breaches, and held the police-CFO conduct supported a s. 7 abuse of process claim.
The court partly granted a Charter application in a criminal matter, finding breaches tied to release on an appearance notice, a drug-investigation shift, and an unlawful trafficking arrest.
The Court of Appeal dismissed an appeal from a conviction for possessing child pornography, holding the phone was lawfully seized and the trial judge did not shift the burden of proof.
The trial judge did not err in declining to hear the late mid-trial s.8 application or in her factual findings that the drugs were in plain view and that the appellant's remaining at the scene did not raise a reasonable inference of innocence; those findings were reasonable and entitled to deference, rendering the conviction reasonable on the evidence, but the $110 cash possession count lacked sufficient evidence and must be acquitted.
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The Supreme Court dismissed the appeal in R. v. McGregor, holding that the foreign search of military electronic devices complied with s. 8 and did not require exclusion of the evidence.
The court dismissed a Charter application, finding the traffic stop lawful, no unlawful search was proven from the door movement, and the arrest had reasonable grounds.
The Court held there was no Charter infringement: the investigative detention and protective pat‑downs were lawful, the brief delay in advising of the right to counsel was justified, and the officer lawfully viewed and seized the firearm under the plain view doctrine as a modest extension of a safety search. However, the convictions could not stand: Ahmed's convictions were quashed and acquittals entered because the trial judge materially misapprehended the evidence by finding an unsupported "exchange of gunfire" that was essential to inferring Ahmed's knowledge; Yusuf's convictions were quas…
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Court found defendant had a diminished but reasonable expectation of privacy in the courier packages; police searched and seized the packages without judicial authorization, constituting a s.8 breach; applying Grant the court admitted the physical evidence under s.24(2) because the breach was not flagrant, privacy interest was diminished and society’s interest weighed against exclusion; the Crown failed to prove voluntariness of the accused's statement beyond a reasonable doubt because it did not call Cst. Wood who had material contact with the accused shortly before the statement; on the mer…
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