SUPREME COURT GRAPPLES WITH POSSIBLE EXCLUSION OF EVIDENCE

The Supreme Court of Canada heard arguments in a case involving the exclusion of improperly obtained evidence.

Donahue Grant was stopped by police officers because they believed the young man looked “suspicious”. A uniformed officer stood in front of Grant and told him to keep his hands out, while plain-clothed officers stood behind him. When asked whether he had “anything on him that he shouldn’t”, Grant admitted that he was carrying a small amount of marijuana and a loaded revolver. He was arrested and charged with five firearms offences. At issue in the case, was whether the encounter amounted to a detention and search contrary to the Charter.

Intervening before the Court, CCLA Special Counsel, Queen’s University professor Don Stuart argued that the central consideration for excluding improperly obtained evidence should be “the seriousness of the Charter breach rather than the reliability of the evidence, or the seriousness of the offence.” [R. v. Grant]