R. v. McGuffie (P.F.), 2016 ONCA 365

JurisdictionOntario
JudgeDoherty, Simmons and van Rensburg, JJ.A.
Neutral Citation2016 ONCA 365
Citation2016 ONCA 365,(2016), 348 O.A.C. 365 (CA),131 OR (3d) 643,[2016] OJ No 2504 (QL),348 OAC 365,[2016] O.J. No 2504 (QL),348 O.A.C. 365,131 O.R. (3d) 643,(2016), 348 OAC 365 (CA)
Date18 March 2016
CourtCourt of Appeal (Ontario)

R. v. McGuffie (P.F.) (2016), 348 O.A.C. 365 (CA)

MLB headnote and full text

Temp. Cite: [2016] O.A.C. TBEd. MY.006

Her Majesty the Queen (respondent) v. Philippe Fred McGuffie (appellant)

(C57466; 2016 ONCA 365)

Indexed As: R. v. McGuffie (P.F.)

Ontario Court of Appeal

Doherty, Simmons and van Rensburg, JJ.A.

May 13, 2016.

Summary:

The accused was convicted of two counts of possession of cocaine for the purpose of trafficking, three counts of breaching a condition of his recognizance and one count of breaching a probation order. While his factual guilt on the charges for which he was convicted was never in doubt, he argued, however, that the police obtained the evidence relied on to establish his guilt in a manner that breached his rights under the Charter. He sought to exclude the evidence pursuant to s. 24(2) of the Charter. The trial judge found several breaches of the accused's ss. 8, 9 and 10 Charter rights, but declined to exclude the evidence. The accused appealed the Charter ruling.

The Ontario Court of Appeal allowed the appeal. The trial judge made three legal errors in his s. 24(2) analysis (i.e., he treated the absence of evidence of systemic institutional non-compliance with the requirements of the Charter as mitigating the seriousness of the police misconduct, he failed to give any consideration to the impact of the several Charter breaches on the constitutionally protected interests of the accused and he treated the seriousness of the drug charges as the paramount and overriding consideration). The court held that on a proper s. 24(2) analysis, the evidence should have been excluded. In the result, the court quashed the convictions and entered acquittals.

Civil Rights - Topic 1214

Security of the person - Lawful or reasonable search - Searches incidental to arrest or detention - [See first Civil Rights - Topic 8368 ].

Civil Rights - Topic 1216

Security of the person - Lawful or reasonable search - Strip searches - [See first Civil Rights - Topic 8368 ].

Civil Rights - Topic 1217

Security of the person - Lawful or reasonable search - What constitutes unreasonable search and seizure - [See first Civil Rights - Topic 8368 ].

Civil Rights - Topic 1410.2

Security of the person - Law enforcement - Investigation - [See first Civil Rights - Topic 8368 ].

Civil Rights - Topic 3603

Detention and imprisonment - Detention - What constitutes arbitrary detention - [See first Civil Rights - Topic 8368 ].

Civil Rights - Topic 4604

Right to counsel - General - Denial of or interference with - What constitutes - [See first Civil Rights - Topic 8368 ].

Civil Rights - Topic 4608

Right to counsel - General - Right to be advised of - [See first Civil Rights - Topic 8368 ].

Civil Rights - Topic 8368

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Exclusion of evidence - The accused was convicted of two counts of possession of cocaine for the purpose of trafficking, three counts of breaching a condition of his recognizance and one count of breaching a probation order - He appealed, claiming that his Charter rights were breached and the evidence should have been excluded - The Ontario Court of Appeal allowed the appeal - The court noted that the accused's s. 9 Charter rights were breached when the accused, who was detained for investigative purposes, was handcuffed and confined in a police vehicle while the officer pursued his investigation elsewhere - The police failed to comply with virtually all of their s. 10(b) obligations regarding his right to counsel, during which time the police conducted two intrusive unconstitutional searches - Also, the manner in which the police strip searched the accused violated s. 8 of the Charter - The court held that, in the circumstances, on a proper analysis under s. 24(2) of the Charter, the evidence obtained should be excluded and the accused acquitted - See paragraphs 31 to 85.

Civil Rights - Topic 8368

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Exclusion of evidence - The accused was convicted of two counts of possession of cocaine for the purpose of trafficking, three counts of breaching a condition of his recognizance and one count of breaching a probation order - The trial judge found that the police had violated the accused's ss. 8, 9 and 10 Charter rights, but declined to exclude the evidence - The accused appealed - The Ontario Court of Appeal allowed the appeal - The trial judge made three legal errors in his s. 24(2) analysis (i.e., he treated the absence of evidence of systemic institutional non-compliance with the requirements of the Charter as mitigating the seriousness of the police misconduct, he failed to give any consideration to the impact of the several Charter breaches on the constitutionally protected interests of the accused and he treated the seriousness of the drug charges as the paramount and overriding consideration) - The court held that on a proper s. 24(2) analysis, the evidence should have been excluded - In the result, the court quashed the convictions and entered acquittals - See paragraphs 59 to 85.

Police - Topic 3086

Powers - Arrest and detention - Detention for investigative purposes - [See first Civil Rights - Topic 8368 ].

Police - Topic 3185

Powers - Search - Following arrest or detention - [See first Civil Rights - Topic 8368 ].

Counsel:

Howard L. Krongold, for the appellant;

James D. Sutton, for the respondent.

This appeal was heard on March 18, 2016, before Doherty, Simmons and van Rensburg, JJ.A., of the Ontario Court of Appeal. The following decision was released for the court on May 13, 2016, by Doherty, J.A.

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242 practice notes
  • R. v. Persaud, 2016 ONSC 8110
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • December 23, 2016
    ...wilful disregard of a Charter-protected right: Grant, at para. 74; R. v. Harrison, [2009] 2 S.C.R. 494, at paras. 22-4; R. v. McGuffie, 2016 ONCA 365, at paras. 75-77; R. v. Dunkley, 2016 ONCA 597, at paras. the seriousness of a Charter breach may be attenuated by the existence of extenuati......
  • R. v. Le, 2019 SCC 34
    • Canada
    • Supreme Court (Canada)
    • May 31, 2019
    ...[2004] 3 S.C.R. 432; R. v. Paterson, 2017 SCC 15, [2017] 1 S.C.R. 202; R. v. Taylor, 2014 SCC 50, [2014] 2 S.C.R. 495; R. v. McGuffie, 2016 ONCA 365, 131 O.R. (3d) 643; R. v. Harrison, 2009 SCC 34, [2009] 2 S.C.R. 494; R. v. Buhay, 2003 SCC 30, [2003] 1 S.C.R. 631; R. v. Washington, 2007 BC......
  • R. v. Paterson, 2017 SCC 15
    • Canada
    • Supreme Court (Canada)
    • March 17, 2017
    ...693, 192 B.C.A.C. 203; R. v. Buhay, 2003 SCC 30, [2003] 1 S.C.R. 631; R. v. Harrison, 2009 SCC 34, [2009] 2 S.C.R. 494; R. v. McGuffie, 2016 ONCA 365, 348 O.A.C. By Moldaver J. (dissenting) R. v. Erickson, 2003 BCCA 693, 192 B.C.A.C. 203; R. v. Grant, [1993] 3 S.C.R. 223; R. v. Feeney, [199......
  • R. v. Zacharias,
    • Canada
    • Supreme Court (Canada)
    • December 1, 2023
    ...Grant, [1993] 3 S.C.R. 223; Kosoian v. Société de transport de Montréal, 2019 SCC 59, [2019] 4 S.C.R. 335; R. v. McGuffie, 2016 ONCA 365, 131 O.R. (3d) 643; R. v. Lambert, 2020 NSPC 37, 472 C.R.R. (2d) 1, aff’d 2023 NSCA 8; R. v. Lauriente, 2010 BCCA 72, 251 C.C.C. (3d......
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196 cases
  • R. v. Zacharias, 2023 SCC 30
    • Canada
    • Supreme Court (Canada)
    • December 1, 2023
    ...Grant, [1993] 3 S.C.R. 223; Kosoian v. Société de transport de Montréal, 2019 SCC 59, [2019] 4 S.C.R. 335; R. v. McGuffie, 2016 ONCA 365, 131 O.R. (3d) 643; R. v. Lambert, 2020 NSPC 37, 472 C.R.R. (2d) 1, aff’d 2023 NSCA 8; R. v. Lauriente, 2010 BCCA 72, 251 C.C.C. (3d......
  • R. v. Paterson, 2017 SCC 15
    • Canada
    • Supreme Court (Canada)
    • March 17, 2017
    ...693, 192 B.C.A.C. 203; R. v. Buhay, 2003 SCC 30, [2003] 1 S.C.R. 631; R. v. Harrison, 2009 SCC 34, [2009] 2 S.C.R. 494; R. v. McGuffie, 2016 ONCA 365, 348 O.A.C. By Moldaver J. (dissenting) R. v. Erickson, 2003 BCCA 693, 192 B.C.A.C. 203; R. v. Grant, [1993] 3 S.C.R. 223; R. v. Feeney, [199......
  • R. v. Persaud, 2016 ONSC 8110
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • December 23, 2016
    ...wilful disregard of a Charter-protected right: Grant, at para. 74; R. v. Harrison, [2009] 2 S.C.R. 494, at paras. 22-4; R. v. McGuffie, 2016 ONCA 365, at paras. 75-77; R. v. Dunkley, 2016 ONCA 597, at paras. the seriousness of a Charter breach may be attenuated by the existence of extenuati......
  • R. v. Le, 2019 SCC 34
    • Canada
    • Supreme Court (Canada)
    • May 31, 2019
    ...[2004] 3 S.C.R. 432; R. v. Paterson, 2017 SCC 15, [2017] 1 S.C.R. 202; R. v. Taylor, 2014 SCC 50, [2014] 2 S.C.R. 495; R. v. McGuffie, 2016 ONCA 365, 131 O.R. (3d) 643; R. v. Harrison, 2009 SCC 34, [2009] 2 S.C.R. 494; R. v. Buhay, 2003 SCC 30, [2003] 1 S.C.R. 631; R. v. Washington, 2007 BC......
  • Request a trial to view additional results
5 firm's commentaries
  • Ontario Court Of Appeal Summaries (April 8 – 12, 2019)
    • Canada
    • Mondaq Canada
    • April 30, 2019
    ...Seizure, Search Warrants, R. v. Morelli, [2010] S.C.R. 253, R. v. Sadikov, [2014] O.J. No. 376, R. v. Grant, 2009 SCC 32, R. v. McGuffie, 2016 ONCA 365, R. v. Rocha, 2012 ONCA 707, R. v. Cote, 2011 SCC 46, R. v. Cole, 2012 SCC 53, R. v. Caslake, [1998] 1 S.C.R. 51 R. v. Abdelnasir, 2019 ONC......
  • Court Of Appeal Summaries (May 11 ' 15, 2020)
    • Canada
    • Mondaq Canada
    • May 22, 2020
    ...(2002), 166 C.C.C. (3d) 14 (Ont. C.A.), CanadianOxy Chemicals Ltd. v. Canada(Attorney General), [1999] 1 S.C.R. 743, R. v. McGuffie, 2016 ONCA 365, R. v. Schulz, 2018 ONCA 598 CIVIL DECISIONS TriDelta Investment Counsel Inc. v. GTA Mixed-Use Developments GP Inc., 2020 ONCA 294 [Doherty, Jur......
  • Court Of Appeal Summaries (April 6 – 10, 2020)
    • Canada
    • Mondaq Canada
    • April 21, 2020
    ...15, R. v. Silveira, [1995] 2 S.C.R. 297, R. v. Vu, 2013 SCC 60, R. v. Poirier, 2016 ONCA 582, R. v. Rover, 2018 ONCA 745, R. v. McGuffie, 2016 ONCA 365 R. v. B., 2020 ONCA 245 Keywords: Criminal Law, Drug Trafficking, Possession of Controlled Substances, Firearm Offences, Evidence, Exclusio......
  • Ontario Court Of Appeal Summaries (May 21 – 24, 2019)
    • Canada
    • Mondaq Canada
    • June 10, 2019
    ...[1997] 2 SCR 13, R v. Caslake, [1998] 1 SCR 51, Hunter v Southam Inc., [1984] 2 SCR 145, R v. Harrison, 2008 ONCA 85, R v. McGuffie, 2016 ONCA 365 R. v. Sullivan, 2019 ONCA 412 [Doherty, Benotto and Huscroft JJ. A.] Counsel: S. DiGiuseppe, for the appellant J. Barrett, for the respondent Ke......
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19 books & journal articles
  • Table of cases
    • Canada
    • Irwin Books Archive Detention and Arrest. Second Edition
    • June 22, 2017
    ...168, 169 R v McCrimmon, 2010 SCC 36.................................... 309, 319, 320, 334, 335, 336 R v McGuffie, 2016 ONCA 365 ...................................................... 70, 147, 148, 333 R v McKay (2006), 200 Man R (2d) 259, 140 CRR (2d) 152, [2006] MJ No 82 (Prov Ct) .............
  • Other Investigative Powers
    • Canada
    • Irwin Books Criminal Procedure. Fourth Edition
    • June 23, 2020
    ...be unwise to read too much into its description of Mann . Explicit clarification from the Court as 195 See, for example, R v McGuffie , 2016 ONCA 365 [ McGuffie ]; R v Ellis , 2016 ONCA 598; R v Squires , 2016 NLCA 54; Omar Ont CA, above note 91 (rev’d on other grounds, 2019 SCC 32); or R v......
  • Table of Cases
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    • Irwin Books The Anatomy of Criminal Procedure. A Visual Guide to the Law Post-trial matters Special Post-conviction Procedures
    • June 15, 2019
    ...294 R v McFetridge, 2003 ABQB 879 .......................................................................157 R v McGuffie, 2016 ONCA 365 ................................................................23, 24, 114 R v McKay (1990), 69 Man R (2d) 69 (CA) ............................................
  • The Impact of the Charter
    • Canada
    • Irwin Books Archive Detention and Arrest. Second Edition
    • June 22, 2017
    ...the required time, this was “simply one of the prices which has to be paid 202 Suberu , above note 31 at para 41. 203 R v McGuffie , 2016 ONCA 365 at para 47. 204 Manninen , above note 180 at para 25. 205 R v Ross , [1989] 1 SCR 3 [ Ross ]. 206 Prosper , above note 177. 207 R v Bagherli , 2......
  • Request a trial to view additional results

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