July 23rd, 2019

Traffic Stop Combined With General Criminal Law Purpose Is Arbitrary Detention – R v Mohamed, 2019 Edmonton Queen’s Bench

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Appellant convicted after trial of driving while disqualified and breach of probation. Police were conducting proactive patrols with a view to detecting stolen vehicles, specifically targeting Ford trucks. Appellant was driving a Ford F150 registered to a female. At trial, defence alleged a s. 9 Charter breach. The Trial Judge held that the traffic stop … Read More.

March 12th, 2018

R v Sandhu, 2018 Calgary Court Of Queen’s Bench – Apartment Hallway Video Surveillance Excluded

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Accused charged with offences related to a home invasion robbery. Police covertly installed a video camera in the hallway of an apartment building without warrant or consent of the property manager. Issue of whether accused had standing to allege s 8 Charter breach and exclude evidence obtained as a result of the camera. Held: s … Read More.

April 7th, 2017

R v Vo, 2017 ABPC 41 per Tyndale, PCJ:

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Accused charged with cultivation and possession of marihuana. Police attended at accused’s residence to investigate an anonymous Crime Stoppers tip received one week earlier. Tip said: “They are growing and I think they even have a young child who lives in the home with them.” Upon arrival, police noted that there was a child in … Read More.