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R v A & K (2012)

  • Clayton Rice, Q.C.

In this wiretap case the defendants were charged with conspiracy, drug trafficking and a criminal organization offence. At the conclusion of the investigation the RCMP obtained arrest warrants and the defendants were arrested at their residences. The police did not have search warrants for the defendants’ homes nor prior judicial authorization to enter the homes to carry out the arrests. Such a warrant is called a “Feeney warrant”. The police entered the residence of Mr Rice’s client during the arrest and seized evidence from the house. Mr Rice brought a pretrial motion to exclude the evidence from the trial because the police were not authorized to enter his client’s house in breach of his reasonable expectation of privacy under ss 8 and 24(2) of the Charter of Rights. The trial judge granted the motion and the evidence was excluded from the trial.

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