Suspecting that Russell Stephen Patrick was operating an ecstasy lab in his Calgary home, police investigators looked through the contents of Mr. Patrick’s garbage on a number of occasions. Although the police did not set foot on Patrick’s property, they reached over his property line from a public alley behind his home. No warrant was obtained for this procedure, which was challenged as an “unreasonable search” within the meaning of Section 8 of the Charter. Continue reading
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
R. v. Clayton, 2007 SCC 32
Police responded to a late-night 911 call, reporting that approximately ten “black guys” were openly brandishing handguns in a strip club parking lot. Four vehicles were also described. A road block was quickly set up in order to interview potential suspects leaving the parking lot. One of the vehicles pulled over by the police (which did not match the description of those mentioned in the 911 call) contained two black males who were questioned. One of the suspects exited the vehicle and tried (unsuccessfully) to escape. Police subsequently searched both suspects and found them to be in possession of prohibited handguns. Continue reading
Charkaoui v. Canada (Citizenship and Immigration), 2007 SCC 9
The appellants in this case challenged Sections 77 to 85 of the Immigration and Refugee Protection Act, which authorized the federal government to detain a permanent resident or refugee for national security reasons. Although detainees could challenge these so called “security certificates” in Federal Court, they were not entitled to review the evidence against them. Furthermore, once a Federal Court judge determined that the certificate was “reasonable” (on the basis of evidence that the accused could not see), there was no avenue of appeal or judicial review. Continue reading
Chaoulli v. Quebec (Attorney General), [2005] 1 S.C.R. 791
In Chaoulli v. Quebec, the Appellant Zeliotis was a patient who had not been able to acquire publicly funded medical care in a timely fashion, while the Appellant Chaoulli was a doctor willing and able to provide medical care outside of the public system. The Appellants challenged two pieces of Quebec legislation, s. 15 of the Health Insurance Act and s. 11 of the Hospital Insurance Act, as being inconsistent with s. 1 of the Quebec Charter of Human Rights and Freedoms and s. 7 of the Charter of Rights and Freedoms. Continue reading
R. v. Tessling, [2004] 3 S.C.R. 432
The RCMP began investigating the accused, Walter Tessling, after receiving tips from two informants that he may be producing and/or trafficking in marijuana. In the course of its investigation, the RCMP monitored Mr. Tessling’s home using an aircraft equipped with Forward Looking Infra-Red (“FLIR”) technology. Continue reading
Filed under 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
Canadian Foundation for Children, Youth & the Law v. Canada (Attorney General), [2004] 1 S.C.R. 76
The Canadian Foundation for Children, Youth & the Law, a childrens’ rights organization, brought an action for declaratory relief striking down Section 43 of the Criminal Code, the legislation which decriminalizes the spanking of children for the purpose of corrective discipline. Continue reading
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
Sauvé v. Canada (Chief Electoral Officer), [2002] 3 S.C.R. 519
In this case, the Supreme Court of Canada struck down Section 51(e) of the Canada Elections Act, which deprived prevented convicted criminals from voting while in prison. Continue reading
Filed under Section 3: Democratic Rights