As members of the Calgary Police Gang Suppression Team entered into a restaurant, a group of patrons hurriedly left through the back door. The group was caught and detained. A subsequent telephone check confirmed that the accused was bound by a recognizance which he appeared to be breaching. A search then revealed a handgun.

Held: s 9 breach, evidence not excluded.

Mann, 2004 SCC 52 requires that a lawful detention be connected “to a particular crime”. Generalized suspicion violates s 9. Police did not know what the conditions of the recognizance were, or whether they were in effect. The detention of the accused was not properly connected to any particular crime. However, regarding 24(2), the police conduct was not overly serious, and did not undermine public confidence in the rule of law. Very serious offence: “a loaded handgun in the possession of a reputed gang member”.

R. Cairns – Defence Counsel