David G. Coles

The appellant, a journalist, sought access to audio and video tapes that had been admitted as exhibits in a criminal trial resulting in a murder conviction.

The conviction was later overturned on appeal because the tapes were found to have been obtained in violation of the accused's Charter rights and were ruled inadmissible.

The Supreme Court of Canada dismissed the appeal, holding that the privacy interests of the acquitted person outweighed the public right of access to exhibits judicially determined to be inadmissible against him.

The appellant, a civilian, was stopped by military police on a public highway just outside a military base after being observed speeding on the base.

The officers noted signs of impairment and issued a breathalyzer demand, which the appellant refused.

He was acquitted at trial on the basis that military police were not 'peace officers' under the Criminal Code with respect to civilians.

The Court of Appeal overturned the acquittal.

The Supreme Court of Canada dismissed the appeal, holding that while military police do not have general peace officer status over civilians under s. 2(f)(i), they do qualify as peace officers under s. 2(f)(ii) when enforcing laws on a military base pursuant to the Defence Establishment Trespass Regulations.

The officers retained this authority when stopping the appellant immediately outside the base.