Wesley W. Smart

The Crown appealed a decision of the Alberta Court of Appeal which had reversed a trial judge's finding that evidence should not be excluded under s. 24(2) of the Charter.

The Supreme Court of Canada allowed the appeal, agreeing with the dissenting judge in the Court of Appeal that the majority erred in reversing the trial judge's finding, as there was no error in principle.

The conviction was restored.

The appellant was stopped at a random roadside check stop.

A police officer shone a flashlight into the vehicle and saw an open gym bag.

The officer questioned the appellant about the bag's contents and subsequently searched it, finding narcotics.

The Supreme Court of Canada held that the appellant was arbitrarily detained at the check stop and that the subsequent questioning and search of the bag, without reasonable and probable grounds, constituted an unreasonable search under s. 8 of the Charter.

The Court concluded that admitting the conscriptive real evidence would render the trial unfair and bring the administration of justice into disrepute under s. 24(2).

The appeal was allowed and the acquittal restored.