R. v. McKarris, [1996] 2 S.C.R. 287

Michael Joseph McKarris Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. McKarris

File No.: 24879.

1996: June 14.

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

on appeal from the prince edward island supreme court, appeal division

Constitutional law ‑‑ Charter of Rights ‑‑ Search or seizure ‑‑ Accused acquitted of possession of narcotic for purpose of trafficking ‑‑ Court of Appeal setting aside acquittal ‑‑ Exigent circumstances authorizing police to conduct search ‑‑ Search conducted in reasonable manner ‑‑ Court of Appeal’s judgment upheld ‑‑ Narcotic Control Act, R.S.C., 1985, c. N‑1, s. 10 ‑‑ Canadian Charter of Rights and Freedoms, s. 8.

Statutes and Regulations Cited

Canadian Charter of Rights and Freedoms, s. 8.

Narcotic Control Act, R.S.C., 1985, c. N‑1, s. 10.

APPEAL from a judgment of the Prince Edward Island Supreme Court, Appeal Division (1995), 1995 3423 (PE SCAD), 131 Nfld. & P.E.I.R. 181, 408 A.P.R. 181, allowing the Crown’s appeal from the accused’s acquittal of possession of a narcotic for the purpose of trafficking. Appeal dismissed.

John L. MacDougall, Q.C., for the appellant.

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

The judgment of the Court was delivered orally by

[1] Sopinka J. ‑‑ We are all of the view that this appeal as of right should be dismissed. There were reasonable and probable grounds to arrest the appellant. The learned trial judge erred in law in this respect. Moreover, there were exigent circumstances which authorized the police officer to conduct a search pursuant to s. 10 of the Narcotic Control Act, R.S.C., 1985, c. N‑1. The search was conducted in a reasonable manner. Accordingly, we agree with the Court of Appeal that there was no breach of s. 8 of the Canadian Charter of Rights and Freedoms.

[2] The appeal is therefore dismissed.

Judgment accordingly.

Solicitors for the appellant: MacLeod, MacDougall, Crane & Parkman, Charlottetown.

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