Laura Metcalfe

The applicant, a commercial truck driver, was referred to a secondary examination at a border crossing due to a CBSA 'drug lookout'.

During the examination, border officers discovered methamphetamine and cash in his truck.

The applicant brought a motion alleging violations of his Charter rights under ss. 7, 8, 9, 10(a), and 10(b), arguing that the lookout made him a specific target of a criminal investigation, thereby triggering his Charter rights upon arrival.

The court dismissed the application, finding that the questioning and search were routine border procedures authorized by the Customs Act, and the applicant was not detained for Charter purposes until the drugs were actually discovered.

The applicant, having been acquitted of aggravated assault but convicted of the lesser included offence of simple assault, applied to re-open the trial before sentencing.

The applicant argued that the court lacked jurisdiction to find him guilty of simple assault, asserting that aggravated assault under s. 268 of the Criminal Code does not contain a lesser included offence of assault.

The court declined to exercise its discretion to re-open the trial, emphasizing the principle of finality and noting the argument should have been raised during closing submissions.

The court also rejected the substantive argument, affirming that simple assault is a lesser included offence of aggravated assault.