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Charter application dismissed; firearm and drug evidence admitted despite s. 10(b) breach.
The accused, charged with ten firearm offences and one count of possession of cocaine, brought a Charter application seeking exclusion of a handgun and cocaine seized from him, alleging breaches of ss. 8, 9, and 10 of the Charter.
The court found the investigative detention was lawfully grounded in reasonable suspicion based on the totality of circumstances, including the officer's observation of a suspected drug transaction at a location of prior drug activity.
While a s. 10(b) breach was established due to a nearly two-minute delay in advising the accused of his right to counsel upon detention, the court declined to exclude the evidence under s. 24(2), finding the breach arose from a mistake rather than deliberate misconduct, had minimal impact on Charter-protected interests, and the reliable physical evidence was central to serious charges.
The Court granted the Crown's application to allow a police witness to testify remotely via videoconference.
This decision addresses whether a Crown witness, Constable Emmanuelle Boucher, may testify remotely via videoconference at trial under section 714.1 of the Criminal Code.
The accused, Ashley Russell, faces a charge of operating a conveyance while prohibited.
The Court balanced factors including the witness's location, costs, the nature of the offence, and the accused’s right to a fair trial.
The Court found that the presumption of in-person testimony was overcome, permitting remote testimony by Zoom with conditions to ensure fairness and integrity of the evidence.
