Accused charged with possession of drugs for the purpose of trafficking and weapons offences. In the course of a traffic stop, police engaged the accused in conversation on several topics including his vehicle, travel plans, and living situation. Issue of whether the questions amounted to unreasonable search and seizure.
Held: No s 8 violation.
In Mackenzie, 2013 SCC 50, and several recent ABCA cases, courts have not questioned the constitutionality of engaging a driver in conversation. Urban, 2017 ABCA 436 considered s 10(b) rather than s 8 in regards to questioning, but the Court did not decide that conversation beyond topics relevant to the purpose for the stop violated Charter rights. “It appears that the most recent authorities binding on me hold that conversation between police officers and stopped drivers of the nature which occurred in this case do not breach the driver’s Charter rights.” Conversation here was “appropriate routine police interaction with a driver” and did not violate s 8.
Beresh – Defence Counsel