Complete Cases Chart - Supreme Court of Canada - On the Identity ...

Case Name (Court)
(Judge)
Location/Method of Search Relevant Statutes Issues/Holdings
- (1) whether the search violates s. 8 of theCCharter? - Y/N
- (2) whether to exclude evidence by s. 24(2)? – Y/N
Reasoning
- (1) relevant to s.8 + CASES (Kokesch, Plant, Hunter, Tessling, Edwards)
- (2) relevant to 24(2) + CASES (Collins)
s.24(2)?
• NO
R. v. Wise
[1992] 1 S.C.R. 527,
Cory J. with
Gonthier and
Stevenson JJ. and
Lamer C.J. (con);
La Forest J. (dis),
Sopinka and
Iacobucci JJ. (dis)
- Police installed a tracking
device in the suspect’s car
after a warrant had expired
and used the information
gained against the suspect on
another charge.
- Charter, ss. 8, 10(b),
24(2).
- (1) Did the warrantless installation of a
tracking device in the suspect’s car constitute
a breach of his s.8 rights?
• YES, but a minor infraction only
- (2) Should the evidence be excluded under
s.24 (2)?
• NO
- (1) There is a lower reasonable expectation of privacy in one’s car and the tracking
device was unsophisticated so represented only a slight violation of s.8.
- (2) The evidence was not excluded because police were acting in good faith in
attempting to stop a series of murders in the area.
- Ref. to Kokesch (police must act in good faith when conducting a search)
- Ref. to Hunter (s. 8 protects people and not places)
Surveillance –
tracking device in
car
R. v. Wiggins
[1990] 1 S.C.R. 62,
La Forest J., with
Dickson C.J.,
L’Heureux-Dubé,
Sopinka, Gonthier
and McLachlin JJ.
(con); Lamer J.
(con)
- A police informant recorded
conversations with the
accused, an alleged drug
trafficker, without his
knowledge or consent.
- Charter, ss. 1, 8, 24(2). - (1) Did the police’s use of a “body pack” on
the informant to record conversations violate
s.8
• YES
- (2) Should the evidence be excluded under
24(2)?
• YES
- This decision follows Duarte
Surveillance –
audio
R. v. Ladouceur
[1990] 1 S.C.R. 1257
Cory J. with
Lamer, L’Heureux-
Dubé, Gonthier,
and McLachlin JJ.
(con); Sopinka,
- The accused was randomly
stopped by police for a license
and insurance check.
- He admitted his license was
suspended and was sentenced
by a Justice of the Peace.
- Charter, ss. 1, 7, 8, 9,
24(1), (2)
- (1) Do random traffic stops without
reasonable cause violate s.8 of the Charter?
• NO
- (1) The stops violate s.9 but not s.8: police have the statutory right to randomly
conduct license checks.
- Ref. to Hunter (unreasonable search only takes place if there is a breach of
reasonable expectation of privacy)
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