DATE: 20040120
DOCKET: C38711
COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Appellant) - and – N.S. (A Young Person) (Respondent)
BEFORE:
DOHERTY, ROSENBERG and MOLDAVER JJ.A.
COUNSEL:
Brad Reitz and Steve Coroza for the appellant
Robert Kellermann for the respondent
HEARD & ENDORSED:
January 19, 2004
On appeal from the acquittal of Justice Paul Reinhardt of the Ontario Court of Justice dated July 31, 2002
APPEAL BOOK ENDORSEMENT
1Assuming that the conduct of the security guards amounted to a detention, an arrest and/or a search, we are satisfied on the authority of R. v. Buhay (2003), 2003 SCC 30, 174 C.C.C. (3d) 97, paragraphs 25-31 (S.C.C.) that the security guards could not be considered police agents or otherwise be subject to the limitation of the Charter. We note that Buhay was decided well after the trial judge issued his reasons.
2The applicant does not pursue the s. 24(1) argument. That argument may be advanced on the new trial if counsel is so advised.
3Appeal allowed, acquittal set aside and new trial ordered.