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

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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) L’Heureux-Dubé, Gonthier, Iacobucci, Major, Bastarache, Binnie, and Arbour JJ. (con.) Surveillance Wiretap/ Procedural Fairness R. v. Caslake [1998] 1 S.C.R. 51, Lamer J with Cory, McLachlin and Major (con); Bastarache, L’Heureux-Dubé and Gonthier JJ. (dis) had been gathered through wiretapping. - An officer admitted that parts of the affidavit did not correctly identify one of his sources. The officer also admitted that he had known about this error for several weeks before the trial but didn’t confess to the mistake. - After arresting a suspect for possession of illegal narcotics, an officer conducted a warrantless search of the accused’s car and found more drugs. - NOTE - In a lot of cases where there was a problem with the application for the wiretap authorization it seems as though the courts are finding in favour of the state because of the negative social impact of finding for the accused – - Charter, ss. 8, 24(2). - (1) Was the search of the suspect’s car in violation of s.8? • YES - (2) Should the evidence be excluded under s 24(2)? • NO reliable, reasonably believable evidence upon which an authorization could be based. - Although the officer had not disclosed a minor drafting mistake, the substance of the information in the affidavit was not untruthful. -The application was allowed – the error wasn’t a violation of s. 8 of the Charter - Ref. to Hunter (for there to be a search/seizure there must be reasonable grounds to believe that an offence has been committed) - Ref. to Plant (misstatements do not affect the validity of the warrant) - (1) Unwarranted searches are presumed unreasonable and the Crown failed to justify the search. - (2) The evidence was not excluded as the breach was minor and excluding the evidence would put justice into disrepute. - Ref. to Hunter (starting point of s. 8 analysis; purpose of s.8 and what it protects) Property Search – Vehicle (warrantless) Schreiber v. Canada (Attorney General) [1998] 1 S.C.R. 841 L'Heureux-Dubé J, with McLachlin, Bastarache, Binnie and Lamer JJ. (con); Iacobucci and Gonthier JJ. (dis). - Without judicial authorization, the Crown requested information from the Swiss government about the accused’s Swiss bank account. - Charter, ss. 7, 8, 24(1), 32(1). - (1) Did the Crown’s request to the Swiss government for information about an account held in that country violate the accused’s s.8 rights? • NO - (1) Requesting information didn’t violate the Charter - Swiss government actions are not Charter actionable - Lamer (con): A search carried out in a foreign country under foreign laws doesn’t violate the reasonable expectation of privacy; there was no evidence that the seizure was illegal under Swiss law. - Ref. to Plant (balancing of the societal interests in protecting individual dignity, integrity and autonomy against the need for effective law enforcement) - Ref. to Edwards (totality of circumstances) - Ref. to Hunter (s. 8 protects the reasonable expectation of privacy) Warrantless request by Crown for Personal Info about foreign bank accounts of the 6
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) accused R. v. Lauda [1998] 2 S.C.R. 683 Cory J. with McLachlin, Iacobucci, Major and Bastarache JJ. (con). Property Search – warrantless - not own R. v. Arp [1998] 3 S.C.R. 339, Cory J. with Lamer C.J., L’Heureux- Dubé, Gonthier, Major, McLachlin, Iacobucci, Bastarache, and Binnie (con) - Police seized drugs cultivated on private property on which the accused was trespassing. - Suspect consented to having hair samples taken for one investigation and police used it in a second investigation. - Charter, ss. 7, 11(d), 24(2). • Charter, ss. 7, 8, 11(d), 24(2). - (1) Did the accused have a reasonable expectation of privacy in the 3 rd party private property on which the drug cultivation occurred? • NO - (2) Were the s.8 rights of the accused violated? • NO - (1) Did the suspect have a reasonable expectation of privacy in the hair samples? • NO - (1) As a trespasser the accused has no reasonable expectation of privacy in the land in question. - Ref. to Edwards (totality of circumstances) - (1) The hair samples were taken pursuant to a valid warrant, therefore the suspect has no reasonable expectation of privacy in them. Identity Procedural Fairness R. v. M. (M.R.) [1998] 3 S.C.R. 393 Cory J. with Lamer C.J. , L’Heureux- Dubé, Gonthier, McLachlin, Iacobucci, Bastarache and Binnie (con); Major (dis) - A Junior High School Vice Principal (VP) searched the accused in the presernce of the police but not at their request. He found a bag of marijuana on the person of the accused. - Charter, ss. 8, 10(b), 24(2), 32(1); - Education Act, R.S.N.S. 1989, c. 136, s. 54(b), (g). - (1) Did the school official’s search of the suspect violate his s.8 privacy rights? • NO - (1) The search was reasonable because the VP was not acting on behalf of the police. The student had a lower reasonable expectation of privacy as the VP had the right to enforce school rules. - This lower reasonable expectation applies to elementary and secondary schools but not to colleges and universities. - Ref. to Edwards (totality of circumstances) - Ref. to Hunter (purpose of s. 8) Search of Person – 7
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Complete Cases Chart - Supreme Court of Canada - On the Identity ...

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