Making the most viewed list on CanLii.org

Probably because we have soooo many cops!

“[59] Where the police conducted themselves in less than good faith, as here, it is necessary for the administration of justice to disregard the evidence that they have so collected: Harrison, at para. 62. As the Supreme Court said in R v Collins, 1987 CanLII 84 (SCC), [1987] 1 SCR 265, at para 23, “A search will be reasonable if it is authorized by law, if the law itself is reasonable and if the manner in which the search was carried out is reasonable.”[60] If the heroin was planted on the console by the police, and was not actually left there by the Defendant, then the ensuing search was not authorized by law. I conclude that is indeed what happened here. All of the heroin that was found pursuant to this pretext for a search is, as they say, fruit of a poisoned tree.VI. Disposition[61] The search of the Defendant’s vehicle and the place where he was seated in the police vehicle upon his arrest violated his rights under section 8 of the Charter. The drugs seized during the course of that search are not admissible as evidence. [62] The charges against the Defendant are dismissed.”

via CanLII – 2015 ONSC 5607 (CanLII).

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