R. v. Goncalves, 1993 CanLII 133 (SCC), [1993] 2 SCR 3

Her Majesty The Queen Appellant

v.

Helder Goncalves Respondent

Indexed as: R. v. Goncalves

File No.: 23060.

1993: April 2.

Present: Lamer C.J. and Sopinka, Cory, McLachlin and Iacobucci JJ.

on appeal from the court of appeal for alberta

Charter of Rights ‑‑ Criminal law ‑‑ Evidence ‑‑ Unreasonable search and seizure ‑‑ Evidence admitted under s. 24(2) of Charter ‑‑ Court of Appeal erred in reversing trial judge's finding that the evidence should not be excluded under s. 24(2) -- Canadian Charter of Rights and Freedoms, s. 24(2).

APPEAL from a judgment of the Alberta Court of Appeal (1992), 16 W.C.B. (2d) 238, allowing an appeal against a conviction by Marshall J. Appeal allowed.

Bernard Laprade and Wesley W. Smart, for the appellant.

Marvin R. Bloos, for the respondent.

//Lamer C.J.//

The judgment of the Court was delivered orally by

Lamer C.J. ‑‑ Having indicated no error on the part of the trial judge as regards the applicable principles when determining a s. 24(2) [of the Canadian Charter of Rights and Freedoms] issue, we agree with Fraser C.J. that it was error on the part of the majority of the Alberta Court of Appeal to reverse the trial judge's finding. Accordingly, the appeal is allowed, the order of the Court of Appeal is set aside and the conviction is restored.

Judgment accordingly.

Solicitor for the appellant: The Federal Department of Justice, Edmonton.

Solicitors for the respondent: Beresh Depoe Cunningham, Edmonton.