R. v. England (F.H.), [2007] Northwest Terr. Cases (TC) 15

JudgeSchmaltz, J.
CourtTerritorial Court of Northwest Territories (Canada)
Case DateSeptember 26, 2007
JurisdictionNorthwest Territories
Citations[2007] Northwest Terr. Cases (TC) 15

R. v. England (F.H.), [2007] Northwest Terr. Cases (TC) 15

MLB headnote and full text

Temp. Cite: [2007] Northwest Terr. Cases TBEd. OC.315

Her Majesty the Queen v. Frank Harold England

(T-1-CR-2007000380; 2007 NWTTC 15)

Indexed As: R. v. England (F.H.)

Northwest Territories Territorial Court

Schmaltz, J.

October 3, 2007.

Summary:

This headnote contains no summary.

Civil Rights - Topic 1646

Property - Search and seizure - Unreasonable search and seizure defined - See paragraphs 19 to 26.

Civil Rights - Topic 3603

Detention and imprisonment - Detention - What constitutes arbitrary detention - See paragraphs 10 to 16.

Civil Rights - Topic 3604

Detention and imprisonment - Detention - What constitutes detention - See paragraphs 10 to 16.

Civil Rights - Topic 3608

Detention and imprisonment - Detention - Right to be informed of reasons for - See paragraphs 10 to 16.

Civil Rights - Topic 8368

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Exclusion of evidence - See paragraphs 27 to 33.

Criminal Law - Topic 3147

Special powers - Power of search - Search incidental to arrest or detention - See paragraphs 19 to 26.

Police - Topic 3086

Powers - Arrest and detention - Detention for investigative purposes - See paragraphs 10 to 16 and 19 to 26.

Police - Topic 3185

Powers - Search - Following arrest or detention - See paragraphs 19 to 26.

Counsel:

S. Tkatch, for the Crown;

J. Brydon, for the defendant.

This application was heard at Yellowknife, Northwest Territories, on September 26, 2007, by Schmaltz, J., of the Northwest Territories Territorial Court, who released the following judgment on October 3, 2007.

Please note: The following judgment has not been edited.

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