DATE: 20041124

DOCKET: C40800

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. BRICE FEHRLING (Appellant)

BEFORE:

DOHERTY, CRONK and JURIANSZ JJ.A.

COUNSEL:

Diane Oleskiw

for the appellant

Roger A. Pinnock

for the respondent

HEARD:

November 18, 2004

On appeal from the conviction entered by Justice Lalande of the Ontario Court of Justice dated March 13, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] There is no basis upon which to interfere with the trial judge’s findings of fact. Those findings are dispositive of the appeal. On those findings, there was no improper purpose accompanying the stop and the search of the backpack was incidental to the arrest. There was, therefore, no violation of the Charter and no need to address s. 24(2).

[2] The appeal is dismissed.