Canlii (Supreme Court of Canada) Constitutional law – Charter of Rights – Arbitrary detention – Right to counsel – Encounter between accused and police going from general neighbourhood policing to situation where police effectively took control over accused and attempted to elicit incriminating information – Whether police conduct would cause a reasonable person in accused’s position to conclude that he or she was not free to go and had to comply with police demand – Whether accused arbitrarily detained – Whether accused’s right to counsel infringed – Meaning of ‘detention’ in ss. 9 and 10 of Canadian Charter of Rights and Freedoms.
Constitutional law – Charter of Rights – Enforcement – Exclusion of evidence – Firearm discovered as result of accused’s statements taken in breach of his right against arbitrary detention and right to counsel – Firearm admitted into evidence at trial and accused convicted of five firearms offences – Whether admission of firearm bringing administration of justice into disrepute – Revised framework for determining whether evidence obtained in breach of constitutional rights must be excluded – Canadian Charter of Rights and Freedoms, s. 24(2).
Criminal law – Firearms – Possession of firearm for purposes of weapons trafficking – Whether simple movement of firearm from one place to another without changing hands amounts to weapons trafficking – Meaning of ‘transfer’ of weapon for purposes of ss. 84, 99 and 100 of Criminal Code, R.S.C. 1985, c. C-46.
Judges:
McLachlin CJ and Binnie, LeBel, Deschamps, Fish, Abella and Charron JJ
Citations:
2009 SCC 32, [2009] 2 SCR 353, 309 DLR (4th) 1, 245 CCC (3d) 1, 66 CR (6th) 1, 253 OAC 124
Links:
Cited by:
Cited – Ambrose v Harris, Procurator Fiscal, Oban, etc SC 6-Oct-2011
(Scotland) The appellant had variously been convicted in reliance on evidence gathered at different stages before arrest, but in each case without being informed of any right to see a solicitor. The court was asked, as a devolution issue, at what . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Constitutional, Human Rights, Criminal Practice, Police
Updated: 04 May 2022; Ref: scu.445390
