Andre Seguin

The Crown appealed the acquittal of a youth charged with drug possession.

Police officers had searched the youth's partially unzipped backpack found in a vehicle after observing an open bottle of vodka nearby and noting the youth was intoxicated.

The trial judge found the search violated section 8 of the Charter and excluded the evidence under section 24(2).

The Superior Court of Justice allowed the appeal, finding the search was authorized under section 32(5) of the Liquor Licence Act because the officer had reasonable grounds to believe liquor was unlawfully kept in the vehicle and the backpack was not fastened closed.

The court further held that even if a breach occurred, the evidence should not have been excluded under section 24(2).

A new trial was ordered.

The Crown brought an application under s. 37 of the Canada Evidence Act seeking to prevent disclosure of information relating to a confidential police informant during a preliminary inquiry.

Defence counsel sought answers to questions concerning the informant’s reliability and status with police.

The court reaffirmed that informer privilege is nearly absolute and protects any information that may tend to identify the informant, subject only to the innocence at stake exception, which was not engaged.

Relying on appellate authority cautioning against judicial editing of informant materials, the court held that the requested information could risk identification of the informant.

The Crown’s application was granted and disclosure of the requested information was prohibited.