R. v. Lal (S.N.), (1998) 113 B.C.A.C. 47 (CA)

• Judge: Southin, Prowse and Ryan, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: September 04, 1998
• Jurisdiction: British Columbia
• Citations: (1998), 113 B.C.A.C. 47 (CA);1998 CanLII 4393 (BC CA);130 CCC (3d) 413;113 BCAC 47;[1998] BCJ No 2446 (QL);56 CRR (2d) 243

R. v. Lal (S.N.) (1998), 113 B.C.A.C. 47 (CA);

   184 W.A.C. 47

MLB headnote and full text

Temp. Cite: [1998] B.C.A.C. TBEd. NO.013

Regina (respondent) v. Sun News Lal (appellant)

(CA023104)

Indexed As: R. v. Lal (S.N.)

British Columbia Court of Appeal

Southin, Prowse and Ryan, JJ.A.

October 22, 1998.

Summary:

The accused was convicted of possession of a concealed weapon and possession of a restricted weapon. The accused appealed from conviction.

The British Columbia Court of Appeal dismissed the appeal.

Civil Rights - Topic 1214

Security of the person - Lawful or reason­able search - Searches incidental to arrest or detention - [See second Police - Topic 3086 ].

Civil Rights - Topic 1410.2

Security of the person - Law enforcement - Investigation - [See second Police - Topic 3086 ].

Police - Topic 3086

Powers - Arrest and detention - Detention for investigative purposes - The British Columbia Court of Appeal referred to the test for articulable cause to make an inves­tigative stop - The court held that a mere conclusory statement will generally be inadequate to support a finding of articula­ble cause as it gave the trial judge no independent basis for making an assess­ment - The trial judge must be in a posi­tion to make an independent assessment of the facts upon which the suspicion was based - Where the facts upon which the police officer acted consisted of more than a simple conclusory statement then the trial judge must look at the totality of the cir­cumstances in assessing the reasonableness of the suspicion - See paragraphs 18 to 23.

Police - Topic 3086

Powers - Arrest and detention - Detention for investigative purposes - Two brothers were killed on city streets and an innocent civilian killed near the suspected killer's home - Police opined the killings were part of a feud between rival drug-dealing gangs - Police were assigned to protect the brothers' family - An officer was told by his superior that the occupants of a particu­lar vehicle were armed and dangerous, associates of the suspected killer and in the vicinity of the family home - The officer saw the vehicle within two blocks of the home - The British Columbia Court of Appeal affirmed that the officer had a reasonable suspicion permitting him to make an investigative stop of the vehicle - A search for weapons was a reasonable incident of the stop - See paragraphs 32 to 41.

Police - Topic 3188

Powers - Search - Weapons search of persons - [See second Police - Topic 3086 ].

Cases Noticed:

R. v. Ferris (T.L.) (1998), 108 B.C.A.C. 244; 176 W.A.C. 244; 126 C.C.C.(3d) 298 (C.A.), refd to. [para. 18].

R. v. Simpson (R.) (1993), 60 O.A.C. 327; 79 C.C.C.(3d) 482 (C.A.), refd to. [para. 18].

R. v. Storrey, [1990] 1 S.C.R. 241; 105 N.R. 81; 37 O.A.C. 161; 75 C.R.(3d) 1; 53 C.C.C.(3d) 316, refd to. [para. 19].

R. v. Debot (1987), 17 O.A.C. 141; 30 C.C.C.(3d) 207 (C.A.), refd to. [para. 21].

United States v. Hensley (1985), 469 U.S. 221 (S.C.), consd. [para. 25].

United States v. Robinson (1976), 536 F. 2d 1298 (Nineth Circuit Ct.), refd to. [para. 25].

R. v. Debot, [1989] 2 S.C.R. 1140; 102 N.R. 161; 37 O.A.C. 1; 52 C.C.C.(3d) 193; 73 C.R.(3d) 129; 45 C.R.R. 49, refd to. [para. 28].

Illinois v. Gates (1983), 462 U.S. 213 (S.C.), refd to. [para. 29].

Alabama v. White (1990), 496 U.S. 325, refd to. [para. 29].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 8 [para. 3].

Counsel:

P.J. Wilson, for the appellant;

G.C. Deedman, for the respondent.

This appeal was heard in Vancouver, British Columbia, on September 4, 1998, before Southin, Prowse and Ryan, JJ.A., of the British Columbia Court of Appeal. The decision of the court was delivered by Ryan, J.A., on October 22, 1998.