R. v. Jacques (J.R.) and Mitchell (M.M.), (1995) 157 N.B.R.(2d) 195 (CA)

• Judge: Hoyt, C.J.N.B., Rice and Ayles, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: May 11, 1994
• Jurisdiction: New Brunswick
• Citations: (1995), 157 N.B.R.(2d) 195 (CA)

R. v. Jacques (J.R.) (1995), 157 N.B.R.(2d) 195 (CA);

    157 R.N.-B.(2e) 195; 404 A.P.R. 195

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Her Majesty the Queen in right of Canada (appellant) v. Joseph Ronald Jacques and Mary Maurene Mitchell (respondents)

(7/94/CA; 8/94/CA)

Indexed As: R. v. Jacques (J.R.) and Mitchell (M.M.)

New Brunswick Court of Appeal

Hoyt, C.J.N.B., Rice and Ayles, JJ.A.

January 11, 1995.

Summary:

The accused were charged with smuggling goods into Canada contrary to s. 160(b) of the Customs Act. At trial, after the Crown called its viva voce evidence, the Crown moved to admit into evidence certain articles which had been seized from the accused. Before the defence called any witnesses, it raised the argument that admission of the seized articles would render the trial of the accused unfair and would bring the adminis­tration of justice into disrepute contrary to s. 24(2) of the Charter.

The New Brunswick Provincial Court, in a decision reported at 143 N.B.R.(2d) 64; 366 A.P.R. 64, agreed with the defence argument and excluded the evidence. The court dis­missed the charges. The Crown appealed.

The New Brunswick Court of Appeal allowed the appeals, set aside the verdicts and ordered new trials.

Civil Rights - Topic 1217

Security of the person - Lawful or reason­able search - What constitutes unreason­able search and seizure - An R.C.M.P. officer learned of an unauthorized border crossing - He stopped a truck - After checking the driver's identification, the officer noticed shopping bags in the back - Without a caution, the officer questioned the driver who then allowed a search - The officer found goods and suspecting smuggling arrested the driver and passen­ger (the accused) and seized the items - The New Brunswick Court of Appeal observed that s. 99(1)(f) of the Customs Act permitted an officer to stop and search a vehicle if the officer suspected, on rea­sonable grounds, contravention of the Act or Regulations - Accordingly, the officer had not arbitrarily detained the accused and there was no unreasonable search and seizure - See paragraphs 10 to 16.

Civil Rights - Topic 3603

Detention - Arbitrary detention - What constitutes - [See Civil Rights - Topic 1217 ].

Customs - Topic 3001

Search and seizure - General - [See Civil Rights - Topic 1217 ].

Cases Noticed:

R. v. Montour (T.S.) and Longboat (S.B.) (1992), 129 N.B.R.(2d) 361; 325 A.P.R. 361 (Prov. Ct.), revd. (1994), 150 N.B.R.(2d) 7; 385 A.P.R. 7 (C.A.), refd to. [para. 12].

R. v. Collins, [1987] 1 S.C.R. 265; 74 N.R. 276; 56 C.R.(3d) 193; [1987] 3 W.W.R. 699; 38 D.L.R.(4th) 508; 33 C.C.C.(3d) 1; 13 B.C.L.R.(2d) 1; 28 C.R.R. 122, refd to. [para. 14].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 8, sect. 9 [para. 5]; sect. 24(2) [para. 9].

Customs Act, R.S.C. 1985 (2nd Supp.), c. 1, sect. 11(1) [para. 4]; sect. 99(1)(f) [para. 10]; sect. 159 [para. 4].

Counsel:

Mark Johnson and Michael Paré, for the appellant;

Norville T. Getty, for the respondents.

These appeals were heard on May 11, 1994, and January 4, 1995, before Hoyt, C.J.N.B., Rice and Ayles, JJ.A., of the New Brunswick Court of Appeal. On January 11, 1995, Hoyt, C.J.N.B., delivered the follow­ing judgment for the court.