Gilles Lahaie

The appellant appealed a judgment dismissing his application for certiorari regarding the jurisdiction, independence, and impartiality of a Justice of the Peace.

The Supreme Court of Canada dismissed the appeal, noting that the appellant did not challenge the constitutionality of the relevant Criminal Code provisions and failed to provide evidence that the Justice of the Peace infringed his rights under section 7 of the Charter.

The police obtained a defective warrant to search the appellant's house for drugs.

They executed the search using excessive force, breaking down the door with a battering ram without prior warning.

No drugs were found, but weapons were seized.

The trial judge excluded the evidence under s. 24(2) of the Charter and acquitted the appellant.

The Court of Appeal ordered a new trial.

The Supreme Court of Canada allowed the appeal and restored the acquittal, holding that the search violated s. 8 of the Charter and that admitting the evidence would bring the administration of justice into disrepute due to the serious defects in the warrant and the excessive force used.

The accused was originally convicted of manslaughter.

The Crown appealed, and the Quebec Court of Appeal set aside the verdict and ordered a new trial on the original charge of second-degree murder.

The accused appealed to the Supreme Court of Canada.

The Supreme Court allowed the appeal, holding that the accused's intent is a question of fact, and reinstated the manslaughter verdict, referring the case back to the Court of Appeal for the sentence appeal.