Kyra M. Kondro

The appellant was pulled over in a traffic stop and subjected to an investigative detention and sniffer dog search that breached his rights under ss. 8 and 9 of the Charter.

Following the sniffer dog's positive indication, police arrested the appellant and searched his vehicle, seizing over 100 pounds of cannabis and cash.

The trial judge found initial Charter breaches but declined to exclude the evidence under s. 24(2).

On appeal to the SCC, the majority held that the subsequent arrests and searches were consequential Charter breaches but that, absent additional or independent state misconduct, consequential breaches are unlikely to significantly increase the seriousness of the Charter-infringing conduct, and the Grant factors on balance favoured admission.

The appeal was dismissed, with Martin and Kasirer JJ. dissenting on the ground that the cumulative seriousness of all breaches and their substantial impact on the appellant's protected interests warranted exclusion.

In a murder appeal, the Court considered whether the trial judge improperly relied on the common sense inference on intent without first assessing all evidence bearing on the accused’s mental state.

The Court held that there was no legal error because the trial judge had reviewed the full evidentiary record relevant to intent, including alcohol consumption and surrounding circumstances, before applying the inference.

The Court also refused fresh psychiatric evidence, finding lack of due diligence and no reasonable possibility that the proposed evidence would have changed the verdict under the Palmer test.

The conviction for second degree murder therefore stood.