Court of Appeal for Ontario

CITATION: R. v. Marryshow, 2008 ONCA 806

DATE: 20081128

DOCKET: C46877

BEFORE: Goudge, MacFarland and Watt JJ.A.

BETWEEN:

Her Majesty the Queen Respondent

and

Andrew Marryshow Appellant

COUNSEL: George Filipovic for the appellant Peter Scrutton for the respondent

Heard and endorsed: November 26, 2008

On appeal from the conviction entered by Justice Nancy Mossip of the Superior Court of Justice dated April 3, 2003.

APPEAL BOOK ENDORSEMENT

[1] Whether one views this as an issue of s. 8 or a proper search pursuant to an arrest, in our view the appeal must be dismissed.