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)
by School official
M. (A.) v. Ryan
[1997] 1 S.C.R. 157,
McLachlin J. with
La Forest, Sopinka,
Cory, Iacobucci and
Major JJ. (con);
L’Heureux-Dubé
(dis).
- Patient records from
previous counselling were
requested at trial
- Charter, ss. 1, 7, 8, 15. - The majority focused on doctorr/patient
priveliege.
- Only the dissent discussed s.8.
- (1) Should the patient records be produced?
• YES
- (1) The patient must establish a reasonable expectation of privacy in the records
which must then be weighed against society’s interest in a fair trial.
- Ref. to Hunter (s. 8 protects reasonable expectation of privacy)
Personal Info –
Patient Records
R. v. Stillman
[1997] 1 S.C.R. 607,
Cory J., with
Lamer CJ.,
Iacobucci and
Major JJ. (con);
L’Heureux-Dubé,
Sopinka and
McLachlin JJ. (dis).
- The suspect was accused of
murder. His lawyer refused to
provide bodily samples but the
police took them by force on
two occasions.
- Charter, ss. 7, 8, 10(b),
24(2).
- (1) Did the police’s taking of bodily samples
under threat of force and without consent
violate s.8?
• YES
- (1) The suspect has a reasonable expectation of privacy in his bodily integrity. His
reasonable expectation of privacy was lower due to his being in custody but not so
low as to allow tissue to be taken.
- Ref. to Plant (core biographical information)
- Ref. to Kokesch (police acting in good faith; evaluating the seriousness of the
Charter breach)
- Ref. to Hunter (warrantless searches presumed to be unreasonable)
Personal Info –
bodily samples
R. v. Feeney
[1997] 2 S.C.R. 13,
Sopinka J. with
Cory, Iacobucci,
Major and La
Forest JJ. (con);
L’Heureux-Dubé,
Gonthier,
McLachlin and
Lamer JJ. (dis)
- During a murder
investigation the police
entered the suspect’s home
and arrested him when they
saw his shirt covered in blood.
- Charter, ss. 7, 8, 9,
10(b), 24(2).
- (1) Did the police’s entry into the accused’s
home violate his s.8 rights?
• YES
- (2) Should the evidence be excluded under
s. 24(2)?
• YES
- (1) The arrest was invalid because the requirements for a warrantless search were
not met and because exceptional circumstances are needed to allow an arrest in a
warrantless search and these were not met.
- Ref. to Kokesch (police acting in good faith)
- Ref. to Edwards (need both objective and subjective reasonable expectation of
privacy)
- Ref. to Hunter (s. 8 prevents all unreasonable search and seizures)
Property Search –
8