R. v. Duncanson, [1992] 1 S.C.R. 836

James Ross Duncanson Appellant

v.

Her Majesty The Queen as represented by the Attorney General of Canada Respondent

Indexed as: R. v. Duncanson

File No.: 22644.

1992: March 30.

Present: Lamer C.J. and L'Heureux‑Dubé, Sopinka, Gonthier and Stevenson JJ.

on appeal from the court of appeal for saskatchewan

Constitutional law ‑‑ Charter of Rights ‑‑ Admissibility of evidence ‑‑ Bringing administration of justice into disrepute ‑‑ Whether trial judge erred in excluding narcotics evidence under s. 24(2) of Canadian Charter of Rights and Freedoms.

Cases Cited

Applied: R. v. Collins, 1987 CanLII 84 (SCC), [1987] 1 S.C.R. 265.

Statutes and Regulations Cited

Canadian Charter of Rights and Freedoms.

APPEAL from a judgment of the Saskatchewan Court of Appeal (1991), 1991 CanLII 2760 (SK CA), 93 Sask. R. 193, 4 W.A.C. 193, 30 M.V.R. (2d) 17, setting aside the accused's acquittal on a charge of possession of narcotics for the purpose of trafficking and ordering a new trial. Appeal dismissed.

Barry M. Singer, for the appellant.

Bernard Laprade, for the respondent.

//Lamer C.J.//

The judgment of the Court was delivered orally by

Lamer C.J. ‑‑ This appeal comes to us as of right. Assuming without deciding that the narcotic was found in violation of the appellant's rights under the Charter, we are all of the view that, under the circumstances of this case and in applying the principles enunciated in R. v. Collins, 1987 CanLII 84 (SCC), [1987] 1 S.C.R. 265, admitting the evidence would not bring the administration of justice into disrepute. For these reasons the appeal is dismissed.

Judgment accordingly.

Solicitors for the appellant: Hnatyshyn Singer, Saskatoon.

Solicitor for the respondent: John C. Tait, Ottawa.