Section 24: Enforcement of Rights

Police attended an apartment in response to an alleged domestic incident and noticed an odour of marijuana. Mr. Paterson, who answered the door, acknowledged that he was in possession of three marijuana roaches. Police demanded that he turn them over, on the understanding that they would seize the roaches without charging him. When Mr. Paterson “agreed to hand over the roaches and attempted to close the door, … Constable Dykeman blocked the door with his foot and said he would not let the appellant out of his sight.” Continue reading →

The accused, Matthew David Spencer, was charged with possession and distribution of child pornography as a result of a police investigation using Limewire, an anonymous peer-to-peer file sharing software. Upon discovering an IP address which appeared to be the source … Continue reading →

The accused, Thanh Long Vu, was suspected of electricity theft. Police obtained a warrant to search his home, but made no mention in the Information to Obtain that computers might be seized and searched. In the course of the search, a marijuana grow operation was discovered, and evidence obtained from the search of a computer was used to connect Vu with allegations of marijuana production and electricity theft. Continue reading →

Benjamin Cain MacKenzie was subject to a traffic stop, during which police developed a suspicion that he was trafficking drugs. The factors pointed to by the officers on the scene were Mr. MacKenzie’s “erratic manner of driving, high level of nervousness, the pinkish hue of his eyes, his course of travel and contradictory answers on his travel dates.” Continue reading →

The accused, Mandeep Singh Chehil, aroused the suspicion of police when he booked a one-way overnight flight from Vancouver to Halifax, travelling alone, paying cash for his ticket at the last minute, and checking one bag. Considering all of these factors, the police developed “reasonable suspicion” that Mr. Chehil was trafficking drugs and presented his checked bag to a sniffer dog. When the dog gave a positive indication for the presence of drugs, police opened the bag and discovered three kilograms of cocaine. Continue reading →

The Appellant had been detained for two Motor Vehicle Act offences, namely using a license plate that was not registered to his vehicle and exceeding the legal blood alcohol limit. While detained, Aucoin was subject to a search which resulted in the finding of ecstasy and cocaine. He was convicted of possession of a controlled substance for the purpose of trafficking. Continue reading →

The accused was a high school teacher who was allowed to use a school-owned laptop computer for personal use. A technician tasked with maintaining the computer on behalf of the school discovered nude photographs of an underage female student on the hard drive. He turned the computer over to the school principal who subsequently turned it over to police. The issue was whether the accused had a reasonable expectation of privacy in regard to the contents of the laptop, whether his right to be free from unreasonable search and seizure had been infringed, and whether the evidence should be excluded under Section 24(2) of the Charter. Continue reading →

This decision involved analysis of the principles articulated in R. v. Grant, and their application to a suspected gang leader whose vehicle proved to contain a number of prohibited and restricted firearms. Continue reading →

Vancouver lawyer, Alan Cameron Ward, sued the police for violating his right to be free from unlawful search and seizure, pursuant to Section 8 of the Charter of Rights and Freedoms. At issue in the Supreme Court of Canada were the circumstances in which a court can order monetary damages as compensation for a Charter breach. Continue reading →