SUPREME COURT OF CANADA
Date: 20141208 Docket: 35822
Between:
Ryan Paul Day
Appellant
and
Her Majesty The Queen
Respondent
Coram: McLachlin C.J. and Rothstein, Moldaver, Wagner and Gascon JJ.
Reasons for Judgment: (para. 1)
McLachlin C.J. (Rothstein, Moldaver, Wagner and Gascon JJ. concurring)
r. v. day, 2014 SCC 74, [2014] 3 S.C.R. 614
Ryan Paul Day Appellant
v.
Her Majesty The Queen Respondent
Indexed as: R. v. Day
2014 SCC 74
File No.: 35822.
2014: December 8.
Present: McLachlin C.J. and Rothstein, Moldaver, Wagner and Gascon JJ.
on appeal from the court of appeal for newfoundland and labrador
Constitutional law — Charter of Rights — Arbitrary detention — Search and seizure — Search incident to arrest — Accused’s car searched without warrant and marihuana found — Evidence seized excluded following voir dire — Court of Appeal held that trial judge erred in finding absence of subjective and objective grounds for arrest — Arrest lawful and search valid.
APPEAL from a judgment of the Newfoundland and Labrador Court of Appeal (Welsh, Rowe and Hoegg JJ.A.), 2014 NLCA 14 , 349 Nfld. & P.E.I.R. 1, 1085 A.P.R. 1, 10 C.R. (7th) 152, [2014] N.J. No. 68 (QL), 2014 CarswellNfld 78, setting aside the accused’s acquittal for trafficking marihuana and possession for the purpose of trafficking and ordering a new trial. Appeal dismissed.
Kenneth J. Mahoney , for the appellant.
Mark Covan and Andrew O. Brown , for the respondent.
The judgment of the Court was delivered orally by
[ 1 ] The Chief Justice — In spite of the able argument of Mr. Mahoney, we are all of the view to dismiss the appeal for the reasons of Hoegg J.A.
Judgment accordingly.
Solicitors for the appellant: Bristow Moyse, St. John’s.
Solicitor for the respondent: Public Prosecution Service of Canada, St. John’s.