R. v. Duncanson, 93 Sask R 193

Judge:Tallis, Cameron and Gerwing, JJ.A.
Court:Court of Appeal for Saskatchewan
Case Date:July 12, 1991
Jurisdiction:Saskatchewan
Citations:93 Sask R 193;4 WAC 193;1991 CanLII 2760 (SK CA);30 MVR (2d) 17;12 CR (4th) 86;(1991), 93 Sask.R. 193 (CA);1991 CanLII 2760 (BS SC)
 
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R. v. Duncanson (1991), 93 Sask.R. 193 (CA);

    4 W.A.C. 193

MLB headnote and full text

Her Majesty the Queen (appellant) v. James Ross Duncanson (respondent)

(File 5239)

Indexed As: R. v. Duncanson

Saskatchewan Court of Appeal

Tallis, Cameron and Gerwing, JJ.A.

August 30, 1991.

Summary:

Duncanson was acquitted on a charge of possessing Talwin and Ritalin for the pur­pose of trafficking. The Crown appealed on the ground that the trial judge erred in ex­cluding certain evidence.

The Saskatchewan Court of Appeal allowed the appeal and ordered a new trial. The court held that the evidence in question ought to have been admitted.

Civil Rights - Topic 1217

Security of the person - Unreasonable search and seizure, what constitutes - Two police officers, acting on a tip, stopped a taxi, identified the accused as its driver, searched him and found two vials of pills - The accused was charged with pos­session of Talwin and Ritalin for purposes of trafficking - The trial judge refused to admit the vials into evidence because the initial detention was unlawful - The Saskatchewan Court of Appeal held that the vials ought to have been admitted - The Court of Appeal held that the initial detention was lawful because it was made under s. 40(8) of the Saskatchewan High­way Traffic Act.

Civil Rights - Topic 1646

Property - Unreasonable search and sei­zure defined - [See Civil Rights - Topic 1217 ].

Civil Rights - Topic 3603

Detention - What constitutes arbitrary detention - Two police officers detained a motorist under s. 40 of the Highway Traf­fic Act, which authorized the police to stop a motorist and request the production of a driver's license - The Saskatchewan Court of Appeal held that the police were empowered to detain the motorist arbitrarily and accordingly there was no "arbitrary detention" under s. 9 of the Charter (see paragraph 25).

Police - Topic 3109

Powers - Investigation - Motor vehicles - S. 40(8) of the Saskatchewan Highway Traffic Act empowered a police officer to stop a vehicle "while in the lawful execu­tion of his duties ..." - The Saskatchewan Court of Appeal stated that s. 40(8) empowered a police officer to stop a vehicle for any purpose connected with the lawful execution of his or her duties and the powers of the officer were not limited to the enforcement of the Highway Traffic Act (see paragraph 18).

Cases Noticed:

Southam Inc. v. Hunter, [1984] 2 S.C.R. 145; 55 N.R. 241; 55 A.R. 291, refd to. [para. 4].

R. v. Collins, [1987] 1 S.C.R. 265; 74 N.R. 276, refd to. [para. 4].

R. v. Rao (1984), 4 O.A.C. 162; 12 C.C.C.(3d) 97 (Ont. C.A), refd to. [para. 6].

R. v. Kokesch, [1990] 3 S.C.R. 3; 121 N.R. 161, refd to. [para. 6].

R. v. Debot, [1989] 2 S.C.R. 1140; 102 N.R. 161, refd to. [para. 10].

R. v. Hufsky, [1988] 1 S.C.R. 621; 84 N.R. 365; 27 O.A.C. 103; 40 C.C.C.(3d) 398; 63 C.R.(3d) 14, refd to. [para. 21].

R. v. Ladouceur, [1990] 1 S.C.R. 1257; 108 N.R. 171; 40 O.A.C. 1; 77 C.R.(3d) 110; 56 C.C.C.(3d) 20, refd to. [para. 21].

R. v. Greffe, [1990] 1 S.C.R. 755; 107 N.R. 1; 107 A.R. 1, refd to. [para. 29].

R. v. Gunn (1982), 44 N.R. 307; 27 C.R.(3d) 120; 66 C.C.C.(2d) 294 (S.C.C.), refd to. [para. 34].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 8, sect. 9.

Highway Traffic Act, S.S. 1986, c. H-3.1, sect. 20(1), sect. 40(8) [para. 15].

Narcotic Control Act, R.S.C. 1985, c. N-1, sect. 10, sect. 11 [para. 5].

Counsel:

D. Curliss, for the Crown;

B. Singer, for the respondent.

This appeal was heard by Tallis, Cameron and Gerwing, JJ.A., of the Saskatchewan Court of Appeal. The decision of the court was delivered orally by Cameron, J.A., on July 12, 1991 and written reasons were filed on August 30, 1991.

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