R. v. Ropchan (J.R.), (2015) 610 A.R. 193 (QB)

• Judge: Crighton, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: January 09, 2015
• Citations: (2015), 610 A.R. 193 (QB);2015 ABQB 65

R. v. Ropchan (J.R.) (2015), 610 A.R. 193 (QB)

MLB headnote and full text

Temp. Cite: [2015] A.R. TBEd. MR.024

Her Majesty the Queen (Crown) v. Justin Ross Ropchan (accused)

(121473672Q2; 2015 ABQB 65)

Indexed As: R. v. Ropchan (J.R.)

Alberta Court of Queen's Bench

Judicial District of Edmonton

Crighton, J.

February 6, 2015.

Summary:

At the conclusion of the voir dire and prior to argument, the Crown conceded a breach of the accused's ss. 8 and 9 Charter rights. The accused applied for an order excluding the evidence found in the search of the accused and of his vehicle (Charter, s. 24(2)). The evidence included approximately ½ kilo of ketamine and at least ½ kilo of cocaine in various forms. The essential character of the breaches was the lack of reasonable and probable grounds to arrest the accused for possession of a controlled substance for the purposes of trafficking. The Crown submitted that police would have had grounds to arrest the accused for simple possession.

The Alberta Court of Queen's Bench dismissed the application. The balancing of factors relevant to s. 24(2) of the Charter weighed in favour of inclusion.

Civil Rights - Topic 8368

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Exclusion of evidence - The essential character of the s. 8 and s. 9 Charter breaches, as conceded by the Crown, was the lack of reasonable and probable grounds to arrest the accused for possession of a controlled substance for the purposes of trafficking - The accused applied for an order excluding the evidence found in the search of the accused and of his vehicle (Charter, s. 24(2)) - The evidence included approximately ½ kilo of ketamine and at least ½ kilo of cocaine in various forms - The Alberta Court of Queen's Bench dismissed the application - The balancing of factors relevant to s. 24(2) weighed in favour of inclusion - The breaches were at the lower end of the spectrum - The arresting officer, relying on his considerable experience with the drug culture, had made quick decisions based on the information he could readily obtain to respond to what he believed was a drug transaction unfolding over the course of several minutes - There was no evidence that the police acted in any manner other than in good faith - Apart from the breaches, the conduct of the police demonstrated respect for the accused's Charter rights and for his privacy and dignity to the fullest extent possible - The breach of the accused's s. 9 right not to be arbitrarily detained was fleeting - Society's interests also weighed in favour of inclusion - The charges were serious and the quantities of drugs were not trifling - Exclusion would adversely affect the Crown's case to a significant degree.

Cases Noticed:

R. v. Grant (D.), [2009] 2 S.C.R. 353; 391 N.R. 1; 253 O.A.C. 124; 2009 SCC 32, appld. [para. 3].

R. v. Fleury (A.A.) (2014), 587 A.R. 130; 2014 ABQB 199, consd. [para. 27].

R. v. Arabi (M.) (2007), 428 A.R. 68; 2007 ABQB 303, refd to. [para. 31].

Counsel:

J.F. Johnson (Public Prosecution Office), for the Crown;

H.K. Poon (Chadi & Company), for the accused.

This voir dire was heard on January 5 to 9, 2015, before Crighton, J., of the Alberta Court of Queen's Bench, who delivered judgment orally on January 9, 2015, and the following reasons for judgment, dated at Edmonton, Alberta, on February 6, 2015.