R. v. Lundlie, (1988) 68 Sask.R. 165 (ProvCt)

• Judge: Flynn, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: March 16, 1988
• Jurisdiction: Saskatchewan
• Citations: (1988), 68 Sask.R. 165 (ProvCt)

R. v. Lundlie (1988), 68 Sask.R. 165 (ProvCt)

MLB headnote and full text

The Queen v. Mark Steven Lundlie

Indexed As: R. v. Lundlie

Saskatchewan Provincial Court

Regina, Saskatchewan

Flynn, P.C.J.

March 16, 1988.

Summary:

The accused entered a residence while police were searching it under a search warrant obtained under the Narcotic Control Act. Police searched the accused and found a small amount of cannabis. The accused was charged.

The Saskatchewan Provincial Court held that the search of the accused was illegal and in violation of the accused's Charter rights. The court excluded the evidence obtained under s. 24(2) of the Charter.

Narcotic Control - Topic 2023

Search and seizure - Search warrants - Scope of authority - The Saskatchewan Provincial Court held that a police officer, while conducting a valid search of premises under the Narcotic Control Act, is only entitled to search a person found on the premises or one who might enter the premises during the course of the search if the officer has reasonable and probable grounds to believe that the person searched is in possession of a narcotic.

Cases Noticed:

R. v. Mutch (1986), 47 Sask.R. 122, refd to. [para. 7].

R. v. Phillips, 27 C.R.R. 239, refd to. [para. 7].

R. v. Debot (1986), 17 O.A.C. 141; 54 C.R.(3d) 120, refd to. [para. 7].

Statutes Noticed:

Narcotic Control Act, R.S.C. 1970, c. N-1, sect. 10(1)(b) [paras. 2, 12-13]; sect. 10(2) [paras. 3, 9-10].

Canadian Charter of Rights and Freedoms, 1982, sect. 8, sect. 9 [para. 4]; sect. 24(2) [paras. 5, 9-10, 13].

Counsel:

Dave Halvorson, for the Crown;

M. Tocher, for the defence.

This charge was heard before Flynn, P.C.J., of the Saskatchewan Provincial Court, Regina, Saskatchewan, whose decision was delivered on March 16, 1988.