Late ticket purchase in cash consistent with behaviour of drug couriers

Supreme court | Charter of Rights

SEARCH AND SEIZURE

Late ticket purchase in cash consistent with behaviour of drug couriers

Accused charged with possession of cocaine for purpose of trafficking. Accused bought one-way plane ticket on day of flight and paid in cash. Accused checked locked suitcase on flight. Police believed that accused’s late ticket purchase in cash was consistent with behaviour of drug couriers. Police accordingly conducted dog sniff search of accused’s suitcase together with other randomly selected bags. Dog indicated presence of drugs in accused’s bag and in nearby cooler. Accused arrested and bag forced open revealing 3 kilograms of cocaine. Trial judge allowed accused’s application to exclude seized cocaine on basis that search violated his right under s. 8 of Canadian Charter of Rights and Freedoms. Court of Appeal found search reasonable and ordered new trial. Appeal dismissed. Police had a reasonable suspicion that accused was drug courier based on totality of circumstances. Sniffer dog was demonstrated to be reliable. Search was not unreasonable.

R. v. Chehil (Sep. 27, 2013, S.C.C., McLachlin C.J.C., LeBel J., Fish J., Abella J., Rothstein J., Cromwell J., Moldaver J., Karakatsanis J., and Wagner J., File No. 34524) Decision at 97 W.C.B. (2d) 173 was affirmed. 109 W.C.B. (2d) 367.


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

Gowling's Mark Giavedoni on the housing shortage and logistics sector 'boom in real estate'

Ont. Superior Court orders tenant to vacate housing despite ongoing human rights tribunal dispute

Ontario Court of Appeal rules tenant responsible for snow removal in slip and fall case

Imran Kamal told his story about addiction, hoping to encourage the legal profession to be more open

Ontario Court of Justice welcomes four new justices: Frank, Hanna, Harris, Marcon

Ont. Superior Court denies disability benefits due to lack of a causal link to 40-year-old accident

Most Read Articles

Imran Kamal told his story about addiction, hoping to encourage the legal profession to be more open

Ontario Court of Justice welcomes four new justices: Frank, Hanna, Harris, Marcon

Ont. Superior Court denies disability benefits due to lack of a causal link to 40-year-old accident

Gowling's Mark Giavedoni on the housing shortage and logistics sector 'boom in real estate'