Accused failed to provide that racial profiling influenced officers

Ontario criminal | Charter Of Rights

ARBITRARY DETENTION OR IMPRISONMENT

Accused failed to provide that racial profiling influenced officers

Application by accused to exclude evidence against him because his rights under Canadian Charter of Rights and Freedoms were violated. Accused was charged after he was found in possession of loaded shotgun in public park. He claimed that police did not have reasonable and probable grounds to arrest him and that he was target of racial profiling. Two police officers noticed accused riding his bicycle on sidewalk. He did not appear to have destination and he was looking at officers. He was not carrying anything. Officers followed him and when they saw him near tennis court they saw that he had duffle bag slung on his back. Officers believed that he stole bag and they arrested him for possession of stolen property. One officer searched him and found two shotgun shells in his pocket. Bag was half open and officer could see shotgun that was partially wrapped in T-shirts. Application dismissed. Accused failed to prove that racial profiling influenced officers’ action and that it resulted in arbitrary detention. Even though accused was black he was not improperly targeted. Accused’s actions rose to the point of appropriate police curiosity that gave them reason to follow him and what they saw next gave them reason to arrest him. Officers had both subjective and objective reasons to arrest accused. Arrest was lawful and search was lawful as incident to that arrest. Even if Charter was violated evidence was admissible because admitting it would not bring administration of justice into disrepute.

R. v. Rainford (Nov. 25, 2011, Ont. S.C.J., Lemon J., File No. CRIMNJ(P) 932/11) 98 W.C.B. (2d) 100 (14 pp.).

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

The tale of Umar Zameer's two trials – the criminal court and the court of public opinion

Court of Appeal clarifies how tort of abuse of process interacts with criminal proceedings

Mariam Moktar elected second vice-president of the Ontario Bar Association

Ontario Superior Court grants plaintiff's motion to add new defendant in slip and fall case

Ontario Court of Appeal dismisses First Nations' appeal over environmental regulation changes

LSO bencher Murray Klippenstein given "substantial indemnity" costs in suit against legal regulator

Most Read Articles

LSO bencher Murray Klippenstein given "substantial indemnity" costs in suit against legal regulator

The tale of Umar Zameer's two trials – the criminal court and the court of public opinion

Ontario Superior Court finds plaintiff contributorily negligent in slip and fall case

Court of Appeal clarifies how tort of abuse of process interacts with criminal proceedings