Digest: R v Maxim, 2018 SKCA 57

• Date: July 18, 2019

Reported as: 2018 SKCA 57

Docket Number: CACR 3034 , CA17168

Court: Court of Appeal

Date: 2019-07-18

Judges:

• Jackson
• Herauf
• Whitmore

Subjects:

• Constitutional Law � Charter of Rights, Section 24(2) � Appeal

Digest: The appellant appealed from his conviction of possession for the purpose of trafficking. He had raised Charter issues alleging that his ss. 8 and 9 Charter rights had been breached and after a blended voir dire was held, the trial judge concluded that they had in fact been violated. However, he held that the admission of the evidence would not bring the administration of justice into disrepute under s. 24(2) of the Charter and convicted the appellant (see: 2017 SKPC 37). The grounds of appeal included that the trial judge failed to take into account the level of experience and training that the RCMP officer had when he considered the seriousness of the breach as well as the officer�s failure to employ the drug detection dog.
HELD: The appeal was dismissed. The court found that the trial judge had not erred in his s. 24(2) analysis and the admission of the evidence.

Statutes Considered:

• Traffic Safety Act, SS 2004, c T-18.1

Federal Statutes Considered:

• Charter of Rights, s 8
• Charter of Rights, s 9
• Charter of Rights, s 24(2)
• Controlled Drugs and Substances Act, SC 1996, c 19

Cases Considered:

• R v Grant, 2009 SCC 32, [2009] 2 SCR 353, 309 DLR (4th) 1, 391 NR 1, 253 OAC 124, 245 CCC (3d) 1, 66 CR (6th) 1
• R v Maxim, 2017 SKPC 37
• R v Quilop, 2017 ABCA 70, 353 CCC (3d) 525
• R v Shinkewski, 2012 SKCA 63, 264 CRR (2d) 11, 289 CCC (3d) 145, 103 WCB (2d) 396