R. v. Fitt; R. v. Kouyas, [1996] 1 S.C.R. 70
Stephen Edward Fitt Appellant
v.
Her Majesty The Queen Respondent
and
The Attorney General of Quebec Intervener
and between
Spyro Kouyas 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
[1] Lamer C.J. ‑‑ These appeals come to us as of right. The appeals are dismissed, substantially for the reasons given by Mr. Justice Hallett.
Judgment accordingly.
Solicitors for the appellants: Ripley & MacCuish, Sydney.
Solicitor for the respondent: The Attorney General of Nova Scotia, Halifax.
Solicitor for the intervener: The Department of Justice, Ste‑Foy.