R. v. Stairs, 2011 ONCA 734

CITATION: R. v. Stairs, 2011 ONCA 734

DATE: 20111122

DOCKET: C52773

COURT OF APPEAL FOR ONTARIO

Doherty, Rosenberg and Juriansz JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Wyatt Floyd Stairs

Applicant (Appellant)

Counsel:

Nicholas A. Xynnis, for the applicant (appellant)

Sarah Shaikh, for the respondent

Heard: November 21, 2011

On appeal from the conviction entered on July 2, 2010 by Justice L.P. Thibideau of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] We are satisfied that there was a basis upon which the trial judge could find that the police had articulable cause to detain the appellant for investigative purposes. We would add, however, that while counsel at trial are to be commended for arriving at an agreed statement, some evidentiary context for the police actions would have been helpful.

[2] The trial judge’s s. 24(2) analysis faithfully tracks R. v. Grant. We defer to that analysis.

[3] The appeal is dismissed.