R. v. Fitt; R. v. Kouyas, 1996 CanLII 251 (SCC), [1996] 1 SCR 70

R. v. Fitt; R. v. Kouyas, 1996 CanLII 251 (SCC), [1996] 1 SCR 70

Stephen Edward Fitt Appellant

v.

Her Majesty The Queen Respondent

and

The Attorney General of Quebec Intervener

Indexed as: R. v. Fitt; R. v. Kouyas

File Nos.: 24628, 24513.

1996: January 29.

Present: Lamer C.J. and La Forest, L’Heureux‑Dubé, Sopinka, Gonthier, Cory, McLachlin, Iacobucci and Major JJ.

on appeal from the court of appeal for nova scotia

Constitutional law ‑‑ Charter of Rights ‑‑ Unreasonable search or seizure ‑‑ Expectation of privacy ‑‑ Gambling devices seized by police in business establishment open to public ‑‑ No infringement of accused's right to be secure against unreasonable search or seizure.

APPEAL from a judgment of the Nova Scotia Court of Appeal (1995), 1995 NSCA 47, 96 C.C.C. (3d) 341, 38 C.R. (4th) 52, 139 N.S.R. (2d) 186, 397 A.P.R. 186, allowing the Crown's appeal from the appellant Fitt's acquittal on charges of keeping gambling devices and keeping a common gaming house, and ordering a new trial. Appeal dismissed.

APPEAL from a judgment of the Nova Scotia Court of Appeal (1994), 1994 NSCA 244, 26 C.R.R. (2d) 354, 136 N.S.R. (2d) 195, 388 A.P.R. 195, allowing the Crown's appeal from the appellant Kouyas's acquittal on charges of keeping gambling devices and keeping a common gaming house, and ordering a new trial. Appeal dismissed.

Ralph W. Ripley, for the appellants.

Kenneth W. F. Fiske, Q.C., and Peter G. MacKay, for the respondent.

Monique Rousseau and Gilles Laporte, for the intervener.

The judgment of the Court was delivered orally by