R. v. McWhirter, 2017 BCSC 2314

JurisdictionBritish Columbia
JudgeThe Honourable Mr. Justice Davies
Citation2017 BCSC 2314
Docket Number81615-2
CourtSupreme Court of British Columbia (Canada)
Date14 December 2017
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7 practice notes
  • Table of cases
    • Canada
    • Irwin Books Criminal Procedure. Fourth Edition
    • June 23, 2020
    ...587 R v McShannock, 1980 CanLII 2973, 55 CCC (2d) 53 (ON CA) ...................... 572 R v McWhirter, 2017 BCSC 2314 ........................................................................ 220 R v Meer, 2016 SCC 5, [2016] 1 SCR 23 ................................................................
  • Other Investigative Powers
    • Canada
    • Irwin Books Criminal Procedure. Fourth Edition
    • June 23, 2020
    ...reasoning ought to apply even 25 See, for example, R v HHN , 2000 ABPC 173; R v Whipple , 2016 ABCA 232 [ Whipple ]; or R v McWhirter , 2017 BCSC 2314. 26 R v Poirier , 2016 ONCA 582 [ Poirier ]. 27 Ibid at paras 55–57. Other Investigative Powers 221 more clearly in the case of a Charter ri......
  • United States v. Hollaus, 2022 BCCA 272
    • Canada
    • Court of Appeal (British Columbia)
    • August 3, 2022
    ...to a single Canadian offence: possession for the purpose of trafficking. [73]       In R. v. McWhirter, 2017 BCSC 2314, as a result of an ongoing investigation into suspected drug trafficking, an officer was requested to conduct a traffic stop that became the s......
  • R. v. Musa, 2021 ONSC 2615
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 9, 2021
    ...had the prospect of interfering with the integrity of the investigation as well as raising issues of officer safety: see R. v. McWhirter, 2017 BCSC 2314, at para. b.      As also noted in McWhirter, in light of privacy and safety issues, the police are under no lega......
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5 cases
  • United States v. Hollaus,
    • Canada
    • Court of Appeal (British Columbia)
    • August 3, 2022
    ...to a single Canadian offence: possession for the purpose of trafficking. [73]       In R. v. McWhirter, 2017 BCSC 2314, as a result of an ongoing investigation into suspected drug trafficking, an officer was requested to conduct a traffic stop that became the s......
  • R. v. Musa,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 9, 2021
    ...had the prospect of interfering with the integrity of the investigation as well as raising issues of officer safety: see R. v. McWhirter, 2017 BCSC 2314, at para. b.      As also noted in McWhirter, in light of privacy and safety issues, the police are under no lega......
  • R v. Marquette, 2020 ONSC 1993
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 2, 2020
    ...had the prospect of interfering with the integrity of the investigation as well as raising issues of officer safety: see R. v. McWhirter, 2017 BCSC 2314, at para. b. As also noted in McWhirter, in light of privacy and safety issues, the police are under no legal duty to provide their own ce......
  • R. v. Jennings, 2018 BCSC 2342
    • Canada
    • Supreme Court of British Columbia (Canada)
    • October 27, 2018
    ...legitimate regulatory ambit so as to constitute arbitrary detention within the meaning of s. 9 of the Charter: see e.g., R. v. McWhirter, 2017 BCSC 2314 at para. [24] I accept Corporal Hamilton’s evidence concerning the purposes in which he established the roadside check stop and the manner......
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2 books & journal articles
  • Other Investigative Powers
    • Canada
    • Irwin Books Criminal Procedure. Fourth Edition
    • June 23, 2020
    ...reasoning ought to apply even 25 See, for example, R v HHN , 2000 ABPC 173; R v Whipple , 2016 ABCA 232 [ Whipple ]; or R v McWhirter , 2017 BCSC 2314. 26 R v Poirier , 2016 ONCA 582 [ Poirier ]. 27 Ibid at paras 55–57. Other Investigative Powers 221 more clearly in the case of a Charter ri......
  • Table of cases
    • Canada
    • Irwin Books Criminal Procedure. Fourth Edition
    • June 23, 2020
    ...587 R v McShannock, 1980 CanLII 2973, 55 CCC (2d) 53 (ON CA) ...................... 572 R v McWhirter, 2017 BCSC 2314 ........................................................................ 220 R v Meer, 2016 SCC 5, [2016] 1 SCR 23 ................................................................

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