R. v. Jeanmarie, (1989) 33 O.A.C. 94 (CA)

• Judge: Howland, C.J.O., Morden and Griffiths, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: January 23, 1989
• Jurisdiction: Ontario
• Citations: (1989), 33 O.A.C. 94 (CA)

R. v. Jeanmarie (1989), 33 O.A.C. 94 (CA)

MLB headnote and full text

Her Majesty the Queen (appellant) v. Retta Lynne Jeanmarie (respondent)

(115/88)

Indexed As: R. v. Jeanmarie

Ontario Court of Appeal

Howland, C.J.O., Morden and Griffiths, JJ.A.

January 23, 1989.

Summary:

The accused was acquitted of a narcotics offence after marijuana was found by customs officials in her suitcase during a random search at the Toronto International Airport. The Crown appealed the acquittal.

The Ontario Court of Appeal allowed the appeal and ordered a new trial.

Civil Rights - Topic 1646

Property - Search and seizure - Unreasonable search and seizure defined - The Ontario Court of Appeal held that the random searching of luggage at an airport by customs officials did not constitute an unreasonable search within the meaning of s. 8 of the Charter.

Civil Rights - Topic 3604

Detention and imprisonment - Detention - What constitutes - The Ontario Court of Appeal held that the random searching of luggage at an airport by customs officials did not constitute detention within the meaning of s. 10(b) of the Charter.

Cases Noticed:

R. v. Simmons (1988), 89 N.R. 1 (S.C. C.), refd to. [para. 2].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 8 [paras. 4-5]; sect. 10(b) [para. 3].

Counsel:

R.W. Hubbard, for the Crown, appellant;

No one for the respondent.

This appeal was heard before Howland, C.J.O., Morden and Griffiths, JJ.A., of the Ontario Court of Appeal on January 23, 1989, when the court endorsed the following on the appeal record.