Charter Cases: Section 24: Enforcement of Rights

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 →

The accused, Philip Henry Mann, had been placed under investigative detention by police on the grounds that he matched the description of a break and enter suspect. While under investigative detention, he submitted to a pat down search for weapons, and police proceeded to search his pockets, ultimately finding a bag of marijuana. It soon became apparent that Mr. Mann had no connection to the alleged break and enter for which he was initially detained. Continue reading →