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The Yukon Court of Appeal upheld a new trial order in an impaired driving case, holding the Crown appeal was properly allowed because the officer could rely on the ASD fail result.
The Court concluded the trial judge’s December 20, 2017 voir dire reasons were conclusory and failed to explain how Debot/Garofoli principles were applied to the facts to determine whether the arrests were supported by reasonable and probable grounds; the judge also relied on incorrect obiter suggesting an unlawful arrest might not be arbitrary under s.9; because the inadequate reasons foreclosed meaningful appellate review and the admitted evidence was essential to the convictions, the convictions were set aside and a new trial ordered.
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Considering the totality of circumstances known to the officer (multiple similar packages addressed to the respondent over a short period, multiple pickup locations, taped seams, weight-to-volume, overnight shipping and origin province) and the officer’s training and experience, the arresting officer had objectively reasonable grounds to arrest; the trial judge erred by overemphasizing the absence of smell and Canada Post's decision not to open the package and by failing to assess grounds cumulatively.
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The Court of Appeal dismissed an appeal seeking to strike a defence based on issue estoppel after a criminal acquittal, holding fairness allowed the respondents to contest lawful arrest.
The court upheld Dean Wiwchar’s arrest, finding Det/Sgt Browne had subjective and objectively reasonable grounds based on cumulative intelligence and surveillance evidence.
The court found an RCMP constable lacked reasonable grounds to arrest Ms. Joseph, making the arrest, detention and search unlawful and awarding damages.
The trial judge's factual findings that the appellant stiffened and attempted to pull away provided objective grounds to arrest for wilful obstruction; the pat‑down was reasonably necessary for officer safety and the consideration of silence was contextual, not the sole basis for the arrest. Therefore the arrest and search incident to arrest were lawful and the convictions were properly entered.
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On the totality of the circumstances the Court found the July 21, 2017 informant tip sufficiently detailed and supported by past reliability to constitute reasonable grounds for arrest; the officers' failure to record casual prior conversations did not amount to lost evidence or breach of disclosure that would impair s.7 or s.11(d) rights; the subsequent search was a lawful search incident to a valid arrest (no ss.8 or 9 breach); Charter application dismissed.
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On the totality of the circumstances the CI was reliable and provided specific information corroborated by police surveillance such that the arresting officer had both subjective and objectively reasonable grounds to arrest; the trial judge’s credibility findings and assessment of circumstantial evidence were reasonable and supported the conclusion of possession for the purpose of trafficking; sentence was varied to time served on consent given fresh medical evidence.
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The trial judge's factual findings that the totality of circumstances afforded both subjective and objective reasonable grounds for arrest were reasonable; therefore the arrest was lawful, the firearm was admissible, and the conviction is upheld.
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