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
1There 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).
2The appeal is dismissed.