R. v. Blake (R.T.), 2007 YKCA 5

• Judge: Finch, C.J.Y.T., Huddart and Low, JJ.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: May 31, 2007
• Jurisdiction: Yukon
• Citations: 2007 YKCA 5;(2007), 243 B.C.A.C. 66 (YukCA)

R. v. Blake (R.T.) (2007), 243 B.C.A.C. 66 (YukCA);

    401 W.A.C. 66

MLB headnote and full text

Temp. Cite: [2007] B.C.A.C. TBEd. JN.044

Regina (respondent) v. Raymond Thomas Blake (appellant)

(06-YU574; 2007 YKCA 5)

Indexed As: R. v. Blake (R.T.)

Yukon Court of Appeal

Finch, C.J.Y.T., Huddart and Low, JJ.A.

May 31, 2007.

Summary:

Blake was charged with break and enter and theft. In a voir dire, the trial judge found that certain evidence relating to Blake's shoes had been obtained in violation of s. 8 of the Charter. However, the evidence was admissible.

The Yukon Territorial Court convicted Blake of break and enter and theft. He appealed, asserting that the trial judge had erred in admitting the contested evidence.

The Yukon Court of Appeal dismissed the appeal.

Civil Rights - Topic 1214

Security of the person - Lawful or reasonable search - Searches incidental to arrest or detention - Blake was taken into custody in connection with an offence at a hotel - His shoes and other items of clothing were seized - A constable noticed that the tread of the shoes resembled those in a photograph taken at the scene of an earlier break and enter - Blake was charged with the break and enter and theft - The trial judge found that the evidence relating to the shoes was obtained in violation of Blake's right to be secure against unreasonable search and seizure (Charter s. 8) - However, the evidence was admissible - Blake was convicted of the break and enter and theft - He appealed, asserting that the trial judge had erred in admitting the evidence - The Yukon Court of Appeal dismissed the appeal - The trial judge erred in finding a breach of s. 8 - The constable's examination of the shoes did not affect Blake's bodily integrity nor his personal autonomy nor dignity - Lawfully removed, the shoes were out of Blake's control - As he had no reasonable expectation of privacy in the shoes, s. 8 was not engaged.

Civil Rights - Topic 1216.1

Security of the person - Lawful or reasonable search - Seizure of clothing - [See Civil Rights - Topic 1214 ].

Civil Rights - Topic 1217

Security of the person - Lawful or reasonable search - What constitutes unreasonable search and seizure - [See Civil Rights - Topic 1214 ].

Police - Topic 3185

Powers - Search - Following arrest or detention - [See Civil Rights - Topic 1214 ].

Cases Noticed:

R. v. S.W.S., [2006] Yukon Cases (YJC) 1, refd to. [para. 6].

R. v. Copan (R.J.) (1994), 39 B.C.A.C. 307; 64 W.A.C. 307 (C.A.), refd to. [para. 11].

Counsel:

D. McWhinnie, for the respondent;

E. Hill, for the appellant.

This appeal was heard at Whitehorse, Yukon, on May 31, 2007, by Finch, C.J.Y.T., Huddart and Low, JJ.A., of the Yukon Court of Appeal. On the same date, Finch, C.J.Y.T., delivered the following reasons for judgment orally for the Court.