R. v. Yorke, 1993 CanLII 83 (SCC), [1993] 3 SCR 647

Roger Cornelius Russell Yorke Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Yorke

File No.: 23359.

1993: October 15.

Present: La Forest, L'Heureux‑Dubé, Cory, McLachlin and Iacobucci JJ.

on appeal from the court of appeal for nova scotia

Criminal law ‑‑ Search and seizure ‑‑ Customs and excise ‑‑ Foreign cultural property seized ‑‑ Act (Customs Act, R.S.C., 1985 (2nd Supp.), c. 1, s. 111) under which search effected constitutional and manner in which search conducted not unreasonable -- Evidence admissible -- Canadian Charter of Rights and Freedoms, s. 24(2).

Statutes and Regulations Cited

Canadian Charter of Rights and Freedoms, s. 24(2).

APPEAL from a judgment of the Nova Scotia Court of Appeal (1992), 1992 2521 (NS CA), 115 N.S.R. (2d) 426, 77 C.C.C. (3d) 529, allowing an appeal from a judgment of Cacchione Co. Ct. J. (1992), 112 N.S.R. (2d) 426. Appeal dismissed, Iacobucci J. dissenting.

Patrick J. Duncan, for the appellant.

David M. Meadows, for the respondent.

The judgment of La Forest, L'Heureux-Dubé, Cory and McLachlin JJ. was delivered orally by

La Forest J. ‑‑ This is an appeal as of right.

We find no error in the reasons of the Court of Appeal. As to the additional point, the majority (La Forest, L'Heureux‑Dubé, Cory and McLachlin JJ.) is of the view that, on the whole, the search and the manner in which it was conducted were not unreasonable. Iacobucci J., dissenting, agrees with the conclusion of the trial judge that the manner in which the search was conducted was unreasonable and that, applying the factors relevant to s. 24(2) of the Canadian Charter of Rights and Freedoms, the evidence should be excluded.

The appeal is accordingly dismissed, Iacobucci J. dissenting.

Judgment accordingly.

Solicitors for the appellant: Lambert & Duncan, Halifax.

Solicitor for the respondent: The Department of Justice, Halifax.