R. v. Myette (T.), 2015 SKPC 100

• Judge: Martinez, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: June 25, 2015
• Jurisdiction: Saskatchewan
• Citations: 2015 SKPC 100;(2015), 471 Sask.R. 1 (PC)

R. v. Myette (T.) (2015), 471 Sask.R. 1 (PC)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. JL.008

Her Majesty the Queen v. Tyson Myette

(Information: 24469018; 2015 SKPC 100)

Indexed As: R. v. Myette (T.)

Saskatchewan Provincial Court

Martinez, P.C.J.

June 25, 2015.

Summary:

The accused was charged with possession of cocaine and possession of cocaine for the purpose of trafficking. He applied for the exclusion of evidence found subsequent to his arrest, arguing that his ss. 8 and 9 Charter rights were violated because his arrest was arbitrary and the search incident to his arrest was unreasonable.

The Saskatchewan Provincial Court allowed the application.

Civil Rights - Topic 1281

Security of the person - Unlawful arrest - General - A confidential informant advised a police officer that Myette and another man were in a taxi at a certain location and that they had cocaine - The officer located the taxi and followed it for a short period - The taxi stopped at a grocery store and the parking lot of a car dealership - The officer arrested Myette and searched him, finding seven small packages of crack cocaine and $188 in cash - Myette was charged with possession of cocaine and possession of cocaine for the purpose of trafficking - He applied for the exclusion of evidence found subsequent to his arrest, arguing that his ss. 8 and 9 Charter rights were violated because his arrest was arbitrary and the search incident to his arrest was unreasonable - The Saskatchewan Provincial Court allowed the application - The officer did not have reasonable and probable grounds to arrest Myette - The informant did not say who had the cocaine or that either of the men was selling cocaine - It was also unknown whether the informant's knowledge was first-hand - The officer's surveillance did not reveal anything that could reasonably be construed as drug trafficking - This was a serious infringement of Myette's Charter-protected rights - The administration of justice would be brought into disrepute if the evidence found in the searches subsequent to his unlawful arrest were admitted into evidence.

Civil Rights - Topic 8368

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Exclusion of evidence - [See Civil Rights - Topic 1281 ].

Criminal Law - Topic 3212

Compelling appearance, detention and release - Arrest - Arrest without warrant - [See Civil Rights - Topic 1281 ].

Police - Topic 3063

Powers - Arrest and detention - Without warrant - Reasonable and probable grounds - [See Civil Rights - Topic 1281 ].

Cases Noticed:

R. v. Storrey, [1990] 1 S.C.R. 241; 105 N.R. 81; 37 O.A.C. 161; 1990 CanLII 125, refd to. [para. 8].

R. v. Mouland (L.L.) (2007), 304 Sask.R. 129; 413 W.A.C. 129; 2007 SKCA 105, refd to. [para. 8].

R. v. Gunn (V.E.), [2013] 1 W.W.R. 495; 399 Sask.R. 170; 552 W.A.C. 170; 2012 SKCA 80, refd to. [para. 8].

R. v. Debot, [1989] 2 S.C.R. 1140; 102 N.R. 161; 37 O.A.C. 1, refd to. [para. 9].

R. v. Debot (1986), 17 O.A.C. 141; 30 C.C.C.(3d) 207; 1986 CanLII 113 (C.A.), refd to. [para. 10].

R. v. Grant (D.), [2009] 2 S.C.R. 353; 391 N.R. 1; 253 O.A.C. 124; 2009 SCC 32, refd to. [para. 21].

R. v. Powell (A.), [2013] O.T.C. Uned. 4169; 2013 ONSC 4169, refd to. [para. 28].

Counsel:

Gerald Perkins, for the Crown;

Ian Mokoruk, for the accused.

This application was heard at Meadow Lake, Saskatchewan, before Martinez, P.C.J., of the Saskatchewan Provincial Court, who delivered the following judgment on June 25, 2015.