Paula R. Taylor

The appellant appealed as of right from a decision of the Prince Edward Island Supreme Court, Appeal Division, which set aside his acquittal for possession of a narcotic for the purpose of trafficking.

The Supreme Court of Canada dismissed the appeal, finding that there were reasonable and probable grounds to arrest the appellant and that exigent circumstances authorized the police to conduct a search under s. 10 of the Narcotic Control Act.

The Court concluded the search was conducted reasonably and did not violate s. 8 of the Charter.

The appellants were acquitted at trial on charges of unlawful possession of tobacco after the trial judge found that a random vehicle stop violated s. 9 of the Charter and excluded the evidence.

The New Brunswick Court of Appeal set aside the acquittals.

On appeal to the Supreme Court of Canada, the Court allowed the appeal and restored the acquittals, holding that the trial judge made proper findings of fact and committed no error in applying the governing principles of law.