Charter breach minor and made in good faith

Supreme court | Charter of Rights


Charter breach minor and made in good faith

Search incident to arrest. Accused convicted of possession of cocaine for purpose of trafficking. Officer finding cocaine after searching vehicle incident to arrest based on reasonable grounds accused committed indictable offence of possession of marijuana in excess of 30 grams. Officer basing reasonable grounds on smell of burnt marijuana and discovery of large amount of cash on accused. Evidence of smell of drugs and large amount of cash sufficient to support inference that grounds for arrest for commission of indictable offence existed. Alternatively, evidence would not be excluded as Charter breach minor, made in good faith and real evidence discovered in location in which accused had reduced privacy interest.

R. v. Loewen (May 5, 2011, S.C.C., McLachlin C.J.C., Binnie, LeBel, Fish, Abella, Charron and Rothstein JJ., File No. 33914) Decision at 90 W.C.B. (2d) 273 affirmed. Reasons in full. 96 W.C.B. (2d) 339 (9 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

Disability claims involving toxic workplace allegations surge with return to office: injury lawyer

Finalizing divorce should not bar subsequent civil claim for sexual assault: lawyer Kevin McLaren

Cecile Applegate appointed as regional senior justice to the Ontario Court of Justice

Ontario Superior Court overturns arbitrator’s award in homebuyers’ contract dispute

Ontario Superior Court adjourns motion to add insurer as defendant in personal injury case

What to do if you’re a passenger in a car accident in Ontario

Most Read Articles

Recent Canadaland-WE Charity ruling example of anti-SLAPP 'misuse' says lawyer

Convocation: benchers approve research funding to underpin renewed equity agenda

Ontario Superior Court rejects plaintiff's bid for a simplified procedure in a car collision case

Ontario Superior Court enforces arbitral award despite improper notice claim