Pitt v. Her Majesty the Queen, 2022 ONSC 499

Case Summary

The applicant, charged with firearm and drug offences, brought a Charter application seeking the exclusion of evidence under s. 24(2). He argued that his rights under ss. 8, 9, and 10(b) were violated during a high-risk police takedown where he was detained, searched, and his satchel was found to contain a loaded handgun and drugs. The court found that the police had reasonable grounds for an investigative detention and that the search of the satchel was a lawful search incident to that detention due to safety concerns. The court also held that the brief delay in providing rights to counsel was justified by the need to secure the scene. The application was dismissed.

COURT FILE NO.: CV-20-003

DATE: 20220218

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

Jalen Pitt

Applicant

– and –

Her Majesty the Queen

Respondent

H. Bassi, for the Applicant

J. Janiuk, for the Respondent

HEARD: November 22, 23, 24 and December 24, 2021

McCARTHY J.

REASONS ON CHARTER APPLICATION

Background

[1] The Applicant stands charged on two counts: possession of a loaded restricted firearm and possession of cocaine for the purpose of trafficking. These alleged offences took place in the Town of Wasaga Beach on or about September 12, 2018.

The Application

[2] The Applicant seeks an exclusion of evidence as a remedy under s. 24(2) of the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (U.K.), 1982, (“the Charter”), c. 11, for alleged infringements of his protected rights under ss. 8, 9 and 10. The application proceeded by way of a blended voir dire.

Investigation and Surveillance

[3] On September 12, 2018, following an investigation into a possible drug deal by Huronia West O.P.P. (“Huronia West”) within its jurisdiction, a team from the Repeat Offender Parole Enforcement (“ROPE”) carried out an apprehension (“referred to as “the take down”) of the four occupants of a Nissan Sentra (“the Nissan”) outside of a Dairy Queen restaurant located at 299 Main Street in Wasaga Beach. The Applicant was a front seat passenger in the Nissan. He was in the company of Jerome Pantlitz-Solomon (“JPS”) and two young females. The take down took place at approximately 8:23 p.m.

[4] In the hours leading up to the take down, Huronia West had received information about an unrelated individual dealing drugs in the area of the Stonebridge Plaza in Wasaga Beach. Officers conducting surveillance in the area believed that they witnessed a drug transaction involving the Nissan. After the suspected transaction, officers took photographs and video of two black males exiting the Nissan. Through information obtained from Peel Regional Police (Peel) in the weeks prior to the surveillance, Huronia West had learned that JPS might be in the Wasaga

Pitt v. Her Majesty the Queen, 2022 ONSC 499

Case Summary

REASONS ON CHARTER APPLICATION

Background

The Application

Investigation and Surveillance

Judge

Counsel

Parties

Areas of Law

Fact Patterns

Issues

Statutory Provisions 4

Legal Tests 3

Legislation 1