DATE: 20060316

DOCKET: C40704

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. CHRISTOPHER TARACH (Appellant)

BEFORE:

DOHERTY, MOLDAVER and LAFORME JJ.A.

COUNSEL:

Anna Martin

for the appellant

Moiz Rahman

for the respondent

HEARD & ENDORSED:

March 14, 2006

On appeal from the conviction entered by Justice Atwood of the Ontario Court of Justice dated May 6, 2003 and the sentence imposed on September 3, 2003.

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

[1] We agree with the trial judge’s analysis of the s. 9 claim. On the factual findings of the trial judge, it was open to him to find that the detention of the appellant was appropriate until the additional officers arrived and secured the scene.

[2] We see no error in the trial judge’s s. 24(2) analysis. He was aware of the breaches of s. 10(a) and s. 10(b). In our view, it was open to the trial judge to conclude that despite the number of the breaches, the constitutional violation as a whole, while not merely technical, was not sufficiently serious to merit exclusion of the drugs.

[3] The appeal is dismissed.