R. v. Montour, [1995] 2 S.C.R. 416

Troy Sherwin Montour and Steven Benjamin Longboat Appellants

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Montour

File No.: 24343.

1995: May 30.

Present: Sopinka, Gonthier, Cory, Iacobucci and Major JJ.

on appeal from the court of appeal for new brunswick

Constitutional law ‑‑ Charter of Rights ‑‑ Arbitrary detention or imprisonment ‑‑ Random stopping of accused's vehicle by police -- Trial judge finding that random stopping of vehicle violated s. 9 of Canadian Charter of Rights and Freedoms and excluding evidence -- Accused acquitted ‑‑ Court of Appeal setting aside acquittals ‑‑ Acquittals restored.

APPEAL from a judgment of the New Brunswick Court of Appeal (1994), 1994 17447 (NB CA), 150 N.B.R. (2d) 7, 385 A.P.R. 7, 5 M.V.R. (3d) 250, allowing the Crown's appeal from the appellants' acquittals by Strange Prov. Ct. J. (1992), 1992 2437 (NB PC), 129 N.B.R. (2d) 361, 325 A.P.R. 361, on charges of unlawful possession of tobacco. Appeal allowed and acquittals restored.

Donald J. Stevenson, for the appellants.

David M. Meadows and Paula R. Taylor, for the respondent.

The judgment of the Court was delivered orally by

[1] Sopinka J. ‑‑ The appeal is allowed, the judgment of the New Brunswick Court of Appeal is set aside, and the acquittals entered at trial are restored. Mr. Justice Iacobucci will give the reasons of the Court.

[2] Iacobucci J. ‑‑ Although we may differ with the trial judge in his characterizing the Charter breach here as a serious one, in our view, the trial judge made proper findings of fact based on the evidence before him, and committed no error in stating and applying the governing principles of law. We therefore see no reason why the New Brunswick Court of Appeal intervened to reverse the decision of the trial judge.

Judgment accordingly.

Solicitors for the appellants: Stevenson & Stevenson, Fredericton.

Solicitors for the respondent: David M. Meadows and Paula R. Taylor, Halifax.