Ontario Criminal


Charter of Rights

ARBITRARY DETENTION OR IMPRISONMENT
Constellation of facts provided ample grounds for accused’s arrest

Accused appealed conviction. Issue was constitutionality of arrest that took place at door to accused’s apartment. Appeal dismissed. Despite some confusion in trial judge’s terminology between grounds for detention and grounds for arrest, findings of fact by trial judge, including marijuana smoke, accused’s suspicious conduct, and visible drug paraphernalia, provided ample grounds for accused’s arrest. Constellation of facts, viewed reasonably and cumulatively by someone with experience of officer in question, provided ample grounds for accused’s arrest. As arrest was lawful and, therefore, not breach of s. 9 of Charter, subsequent conduct of police, although clearly improper, could not have impacted on admissibility of evidence in question.

R. v. Meiz (Mar. 17, 2014, Ont. C.A., Doherty J.A., John Laskin J.A., and K. Feldman J.A., File No. CA C55769) 113 W.C.B. (2d) 406.

cover image

DIGITAL EDITION

Subscribers get early and easy access to Law Times.

Law Times Poll


Lawyers have expressed concerns that of 38 justices of the peace the province appointed this summer, only 12 have law degrees. Do you think this is an issue?
RESULTS ❯