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)
Property Search –
Vehicle
R. v. Spindloe
[2001] 154 C.C.C.
(3d) 8
Jackson and
Cameron JJ.A.;
Bayda C.J.S. (con).
* final level
Property Search –
Business
- Police searched a store
premises without a legitimate
warrant to search.
-They seized drug
paraphernalia and literature.
- Criminal Code, s. 462.2;
- Charter, ss.7, 8, 24(2).
- (1) Did the search violate s.8?
• NO
- (2) Should evidence be excluded?
• NO
- (1) The common law authorizes plain view seizures where police presence is
lawful.
- At the first appeal, McLellan J.A. found that the appellant had a reasonable
expectation of privacy only where items were not in plain view to the public (see
Fitt).
- The trial judge found the seizure legitimate under s. 24(2), but returned seized
items (per s. 490 of the Criminal Code).
- Ref. to Collins (a warrantless search is presumed unreasonable).
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