R. v. Campanella (J.), (2005) 196 O.A.C. 188 (CA)

• Judge: Rosenberg, Simmons and Lang, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: February 10, 2005
• Jurisdiction: Ontario
• Citations: (2005), 196 O.A.C. 188 (CA)

R. v. Campanella (J.) (2005), 196 O.A.C. 188 (CA)

MLB headnote and full text

Temp. Cite: [2005] O.A.C. TBEd. AP.047

Her Majesty The Queen (respondent) v. Julie Campanella (appellant)

(C39402)

Indexed As: R. v. Campanella (J.)

Ontario Court of Appeal

Rosenberg, Simmons and Lang, JJ.A.

April 13, 2005.

Summary:

The accused attempted to enter a courthouse for an appearance on a drug charge. She was required to pass through a metal detector. The accused voluntarily produced her purse for manual inspection, a purse which she acknowledged would have set off the metal detector. A baggie containing a small amount of marijuana was found in the purse. The accused was charged with possession of marijuana. The accused argued that the inspection of her purse constituted an unreasonable search and seizure contrary to s. 8 of the Charter and that the legislation authorizing such searches was unconstitutional. The trial judge rejected the arguments and convicted the accused. The accused appealed.

The Ontario Superior Court, in a decision reported at [2002] O.T.C. 1025, dismissed the appeal. The accused appealed.

The Ontario Court of Appeal dismissed the appeal.

Civil Rights - Topic 1641.1

Property - Search and seizure - Courthouse security programs - Security screening at the Hamilton courthouse was authorized by s. 3(b) of the Public Works Protection Act and s. 137 of the Police Services Act - The accused attempted to enter the courthouse for an appearance on a drug charge - She was required to pass through a metal detector - The accused voluntarily produced her purse for manual inspection, a purse which she acknowledged would have set off the metal detector - A baggie containing a small amount of marijuana was found in the purse - The accused was charged with possession of marijuana - The accused argued that the inspection of her purse constituted an unreasonable search and seizure contrary to s. 8 of the Charter and that the legislation authorizing such searches was unconstitutional - The Ontario Court of Appeal held that the warrantless search of the accused's purse complied with s. 8 of the Charter and the legislation was valid.

Civil Rights - Topic 1646

Property - Search and seizure - Unreasonable search and seizure defined - [See Civil Rights - Topic 1641.1 ].

Cases Noticed:

R. v. Hurrell (K.R.) (2002), 161 O.A.C. 248; 166 C.C.C.(3d) 343 (C.A.), consd. [para. 12].

R. v. Collins, [1987] 1 S.C.R. 265; 74 N.R. 276; 33 C.C.C.(3d) 1, refd to. [para. 15].

Southam Inc. v. Hunter, [1984] 2 S.C.R. 145; 55 N.R. 241; 55 A.R. 291; 9 C.R.R. 355; 14 C.C.C.(3d) 97, refd to. [para. 16].

Comité paritaire de l'industrie de la chemise v. Potash et Sélection Milton, [1994] 2 S.C.R. 406; 168 N.R. 241; 61 Q.A.C. 241, refd to. [para. 20].

British Columbia Securities Commission v. Branch and Levitt, [1995] 2 S.C.R. 3; 180 N.R. 241; 60 B.C.A.C. 1; 99 W.A.C. 1; 97 C.C.C.(3d) 505, refd to. [para. 20].

R. v. Lindsay (D.K.) (2001), 158 Man.R.(2d) 176; 2001 MBQB 226, consd. [para. 26].

R. v. Lindsay (D.K.) (2004), 187 Man.R.(2d) 236; 330 W.A.C. 236; 2004 MBCA 147, refd to. [para. 26].

Statutes Noticed:

Police Services Act, R.S.O. 1990, c. P-15, sect. 137 [para. 9].

Public Works Protection Act, R.S.O. 1990, c. P-55, sect. 3(b) [para. 9].

Counsel:

John Abrams, for the appellant;

Nick Devlin, for the respondent;

Sean Hanley, for the intervenor, Attorney General of Ontario.

This appeal was heard on February 10, 2005, before Rosenberg, Simmons and Lang, JJ.A., of the Ontario Court of Appeal. The following judgment of the Court of Appeal was delivered by Rosenberg, J.A., and was released on April 13, 2005.