R. v. Patriquen, [1995] 4 S.C.R. 42

Michael Ronald Patriquen and Barry Alexander Nagy Appellants

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Patriquen

File Nos.: 24535, 24536.

1995: October 30.

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

on appeal from the court of appeal for nova scotia

Constitutional law ‑‑ Charter of Rights ‑‑ Unreasonable search and seizure ‑‑ Evidence -- Whether or not admission of evidence would bring the administration of justice into disrepute ‑‑ Canadian Charter of Rights and Freedoms, s. 8.

Statutes and Regulations Cited

Canadian Charter of Rights and Freedoms, s. 8.

APPEAL from a judgment of the Nova Scotia Court of Appeal (1995), 1994 NSCA 243, 136 N.S.R. (2d) 218, 36 C.R. (4th) 363, 27 C.R.R. (2d) 135, allowing an appeal from acquittal by Nathanson J. Appeal dismissed.

Warren K. Zimmer, for the appellant Michael Ronald Patriquen.

Kevin A. Burke, Q.C., for the appellant Barry Alexander Nagy.

Bernard Laprade and James C. Martin, for the respondent.

The judgment of the Court was delivered orally by

[1] Lamer C.J. ‑‑ In view of the dispute as to the scope of the concession made by the Crown at trial as regards the existence of a violation of s. 8 of the Canadian Charter of Rights and Freedoms, and given the possible reliance by the accused on such concession when conducting their case, we feel this is not an appropriate case to pronounce upon "open‑space" searches. Fortunately we are all of the view that, assuming without deciding that there was an unreasonable search and therefore a breach of s. 8 of the Charter, on the particular circumstances of this case we should not interfere with the Court of Appeal finding to the effect that the admission of the evidence would not tend to bring the administration of justice into disrepute.

[2] The appeal is accordingly dismissed.

Judgment accordingly.

Solicitor for the appellant Michael Ronald Patriquen: Warren K. Zimmer, Halifax.

Solicitor for the appellant Barry Alexander Nagy: Kevin A. Burke, Halifax.

Solicitor for the respondent: The Attorney General of Nova Scotia, Halifax.