The applicant, Vernon Hall, brought a Charter application seeking to exclude evidence or a stay of proceedings, alleging violations of sections 7, 8, 9, 10(a), 10(b), and 11 of the Charter during a border interception and subsequent arrest for human smuggling.
The court found that the initial stop and towing of the vessel were lawful under the Customs Act and Canada Shipping Act, akin to a secondary border inspection, and therefore, the applicant's section 10(b) rights were not triggered at that stage.
The court also found no arbitrary detention, no unlawful search incident to arrest, and that the lost video evidence did not impact the applicant's right to make full answer and defence or the integrity of the justice system.
The application was dismissed.
