Section 24: Enforcement of Rights

Section 24(1) of the Charter of Rights and Freedoms:

Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.

R. v. Kang-Brown, 2008 SCC 18

In a complex and divided decision, the Supreme Court of Canada considered the constitutionality of using sniffer dogs to confirm a police officer’s suspicion that a suspect is in possession of narcotics. Continue reading

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Filed under Section 24: Enforcement of Rights, Section 8: Search & Seizure

R. v. Mann, [2004] 3 S.C.R. 59

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

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Filed under Section 24: Enforcement of Rights, Section 8: Search & Seizure, Section 9: Arbitrary Detention

R. v. Buhay, [2003] 1 SCR 631

The accused, Mervyn Allen Buhay, rented a locker at a bus depot in Winnipeg. When employees at the depot smelled marijuana emanating from the locker, they opened it with a master key and discovered a duffel bag containing marijuana. They subsequently called the police, who performed a warrantless search of the locker, and arrested the accused upon his return. Continue reading

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Filed under Section 24: Enforcement of Rights, Section 8: Search & Seizure

R. v. Caslake, [1998] 1 S.C.R. 51

The accused, Terence Lawrence Caslake, was lawfully arrested for possession of marijuana for the purpose of trafficking. Several hours later, an RCMP officer conducted an inventory search of Mr. Caslake’s vehicle, without obtaining a warrant, and discovered some cash along with two packages of cocaine. Continue reading

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Filed under Section 24: Enforcement of Rights, Section 8: Search & Seizure

R. v. Belnavis, [1997] 3 S.C.R. 341

The police stopped a car for speeding. When the driver could not produce adequate documentation, they proceeded to search the car, and located a number of garbage bags containing new clothing with price tags attached. As a result of this discovery, both the driver and passenger in the car were charged with possession of stolen property. Both accused argued that the search of the vehicle was unreasonable, and that their Section 8 rights had been violated as a result. Continue reading

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Filed under Section 24: Enforcement of Rights, Section 8: Search & Seizure

R. v. Stillman, [1997] 1 SCR 607

The 17-year-old accused, William Wayne Dale Stillman, was suspected of first degree murder. His alleged victim was found with semen in her vagina, a human bite mark on her body, and blows to her head which resulted in her death. After Mr. Stillman was taken into custody, his lawyers indicated that he was not willing to give a statement or consent to the taking of any hair samples or other bodily evidence. Continue reading

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Filed under Section 24: Enforcement of Rights, Section 8: Search & Seizure

R. v. Wong, [1990] 3 S.C.R. 36

The accused, Santiago Wong, was charged with maintaining an illegal gambling operation, based on surveillance footage from a camera placed in his hotel room by police without prior judicial authorization. The trial judge found this tactic to be an unreasonable infringement of Wong’s rights under Section 8 of the Charter; however, this conclusion was overturned by the Ontario Court of Appeal. Continue reading

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Filed under Section 24: Enforcement of Rights, Section 8: Search & Seizure

R. v. Mack, [1988] 2 SCR 903

In R. v. Mack, the Supreme Court revisited the issue of entrapment, which had previously been considered by a divided court six years earlier in Amato v. The Queen. Continue reading

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Filed under Section 24: Enforcement of Rights, Section 7: Life, Liberty, & Security of the Person