Canada Case Law

R. v. Vickers

Court

Supreme Court of British Columbia

The court found Cpl. Long subjectively believed and objectively had reasonable and probable grounds to arrest the accused for trafficking based on multiple corroborating sources (confidential informants, Crime Stoppers tip, neighbour complaints), sustained surveillance showing short-duration visits consistent with drug trafficking, observed drug use from tinfoil/pipe, and evidence linking the accused to the residence (use of a key and change of clothes); the arrest was lawful. The brief delay in enabling contact with counsel (approximately 21 minutes from arrival at detachment to counsel cont…

Source excerpt

• Warrantless arrest
• Reasonable and probable grounds
• Right to counsel (implementational component)
• Surveillance evidence
• Confidential informant reliability
• Search incidental to arrest

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R. v. Jones

Court

Supreme Court of British Columbia

In a voir dire, the court held that a search incident to arrest was reasonable under s. 8 and admitted drugs found on the accused and in his vehicle.

• Search incidental to arrest
• Section 8 charter
• Section 24(2) charter
• Possession for the purpose of trafficking
• Safety searches
• Vehicle search incidental to arrest

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R. v. MacLean

Court

Supreme Court of Nova Scotia

The arrest was unlawful because the CI's tip lacked sufficient detail, proven reliability and corroboration to establish objectively reasonable grounds; the search incident to that unlawful arrest was therefore unreasonable and arbitrary (ss.8 and 9 breached) and, in combination with ss.7 concerns, the Grant factors require exclusion of the seized evidence under s.24(2) as admission would bring the administration of justice into disrepute.

Source excerpt

• Charter ss.7,8,9,24(2)
• Informant reliability
• Search incidental to arrest
• Reasonable and probable grounds
• Exclusion of evidence

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R. v. Dubensky

Court

Supreme Court of British Columbia

The court dismissed a s. 24(2) Charter application, holding the seized cash was not obtained in a manner that required exclusion, though the keys statement was excluded.

• Section 10(b) implementational rights
• Section 24(2) exclusion of evidence
• Search incidental to arrest
• Section 8 search and seizure
• Section 9 arrest
• Section-24-2-exclusion-of-evidence

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R. v. Dubensky

Court

Supreme Court of British Columbia

The court upheld the arrest and incidental search of Michael John Dubensky on reasonable and probable grounds, but found a breach of his s. 10(b) right to counsel.

• Warrantless arrest
• Reasonable and probable grounds
• Search incidental to arrest
• Right to counsel
• S.9 charter
• S.10(b) charter

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R. v. Hayer

Court

Supreme Court of British Columbia

The court found lawful grounds for arrest and upheld the incidental search, but held that police breached Mr. Hayer's s. 10(b) right by delaying access to counsel for an undercover operation.

• Warrantless arrest
• Reasonable and probable grounds
• Search incidental to arrest
• Right to counsel s.10(b)
• Right to silence s.7
• Abuse of process (residual)

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R. v. Desilva

Court

Court of Appeal for Ontario

There were objectively reasonable and probable grounds to arrest the appellant for breaching his recognizance based on CPIC information, observations, and the conduct and distance of the unknown woman; searches incident to that lawful arrest were lawful; although there were breaches of s.10(b) (post‑arrest questioning and a roughly one‑hour delay in facilitating duty counsel), those breaches did not have sufficient causal connection or prejudicial impact to warrant exclusion under s.24(2); consequently the appeal against conviction is dismissed.

Source excerpt

• Reasonable and probable grounds to arrest
• Search incidental to arrest
• Right to counsel s.10(b)
• Section 8 and 9 charter
• Section 24(2) exclusion of evidence
• Delay in providing counsel

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United States v. Hollaus

Court

British Columbia Court of Appeal

The court dismissed an extradition appeal, holding police had reasonable grounds to arrest after an undercover pickup, the ruse did not breach s. 10, and the reasons were adequate.

• Reasonable grounds to arrest
• Search incidental to arrest
• Section 10 informational and access to counsel rights
• Traffic stop ruse
• Attempted possession for purpose of trafficking
• Admissibility and s.24(2) remedy

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R. v. Sasano

Court

Supreme Court of British Columbia

The court upheld seizure and search of Amy Soranno’s cell phone, finding limited s. 8 breaches but refusing to exclude the evidence under s. 24(2).

• Section 8 search and seizure
• Search incidental to arrest
• Search warrants and authorizations
• Overbreadth and full and frank disclosure in itos
• Reasonableness of manner of search
• Section 24(2) exclusion of evidence

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R. v. Sasano

Court

Supreme Court of British Columbia

The court dismissed a Charter voir dire seeking exclusion of videos from SD cards, finding no s. 10(b) breach and no overbroad warrant.

• Section 10(b) charter
• Section 24(2) charter
• Search incidental to arrest
• Search warrants and ito sufficiency
• Warrant overbreadth
• Reasonable opportunity to counsel

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