R. v. Kime, (1985) 41 Sask.R. 35 (ProvCt)

• Judge: Henning, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: March 20, 1985
• Jurisdiction: Saskatchewan
• Citations: (1985), 41 Sask.R. 35 (ProvCt)

R. v. Kime (1985), 41 Sask.R. 35 (ProvCt)

MLB headnote and full text

R. v. Kime

Indexed As: R. v. Kime

Saskatchewan Provincial Court

Henning, P.C.J.

March 20, 1985.

Summary:

The accused was charged with possession of a restricted drug for the purpose of trafficking, contrary to s. 42(2) of the Food and Drug Act. The accused alleged that she was unlawfully detained contrary to s. 9 of the Canadian Charter of Rights and Freedoms and requested relief.

The Saskatchewan Provincial Court agreed with the accused that she had been unlawfully detained and dismissed the charge against her.

Civil Rights - Topic 3606

Detention and imprisonment - Arbitrary detention - What constitutes - An accused who was apprehended for shoplifting was found with drugs and arrested on drug charges - Although all investigations were completed before midnight, the accused was not released by either an officer in charge under s. 452(1)(e) of the Criminal Code of Canada or by the arresting officer under s. 452(1)(d) or (e) of the Code - Only the next day was she released on an undertaking before a justice of the peace - The Saskatchewan Provincial Court held that the accused was improperly detained contrary to s. 9 of the Canadian Charter of Rights and Freedoms - See paragraphs 3 to 9.

Civil Rights - Topic 8369

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Dismissal of charge - The accused was unlawfully detained at the police station following her arrest, contrary to s. 9 of the Charter, when she should have been released on an appearance notice or another process - The Saskatchewan Provincial Court dismissed the charge against her - See paragraphs 10-11.

Cases Noticed:

R. v. Farncombe (1984), 34 Sask.R. 161 (Sask. Q.B.), folld. [para. 8].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 9 [para. 4]; sect. 10 [para. 4].

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 452, sect. 453 [para. 5]; sect. 452(1)(d) [para. 9]; sect. 452(1)(e) [para. 9]; sect. 452(1)(f) [para. 6]; sect. 453(1)(e) [para. 9]; sect. 453(1)(i) [para. 6].

Counsel:

T. Ledebur, for the Crown;

G. Murphy, for the accused.

This charge was heard before Henning, P.C.J., of the Saskatchewan Provincial Court at Regina, Saskatchewan, whose decision was delivered on March 20, 1985.