Irwin Koziebrocki

The appellant was stopped at a R.I.D.E. checkstop set up by First Nations Constables just outside the Fort William Reserve.

He was charged with refusing a breathalyzer demand and failing to comply with a recognizance.

He argued that the constables lacked jurisdiction outside the reserve and that he was arbitrarily detained contrary to s. 9 of the Charter.

The Supreme Court of Canada held that First Nations Constables have the powers of police officers throughout Ontario and are peace officers under the Criminal Code.

The detention was lawful, and the appeal was dismissed.

The respondent was convicted of first degree murder of a 19-month-old child.

At trial, the Crown introduced testimony from two jailhouse informants who claimed the respondent confessed to the killing.

The trial judge did not give a Vetrovec warning to the jury regarding the unreliability of these informants.

The Court of Appeal set aside the conviction.

The Supreme Court of Canada allowed the Crown's appeal and restored the conviction.

A majority of the Court found that either the trial judge did not err in exercising his discretion not to give the warning, or that the error was cured by the overwhelming independent evidence against the respondent.