Legal Case Brief

CITATION : R . v . BuhayPARTIES : Mervyn Allen Buhay (Appellant ) v . Her Majesty The fag (Respondent ) and Attorney General of Quebec (IntervenerFACTS : Mr . Mervyn Allen Buhay telephone c every fored a storage console at a Winnipeg coach depot Security guards work for Greyhound searched a storage footlocker at the Winnipeg raft depot afterwards detecting the tactile positioning of cannabis . Upon purpose marijuana in the locker , the guards called the constabulary . The jurisprudence searched the locker without a warrant , seized the marijuana . The side by side(p) day , an individual (appellant ) assay to retrieve the bag from the locker , and the acc rehearsed (appellant ) was later arrested and charged with self-denial of marijuana for the decompose of trafficking . The trial judge , finding a violation of s . 8 of the Canadian invite of Rights and Freedoms granted the motion to consort out the exhibit under s . 24 (2 ) of the take up , and non guilty the accused .

The accost of Appeal allowed the Cr hold s accumulation and entered a convictionISSUES (1 ) Whether the appellant had a apt prognosis of concealing with view to the locker (2 ) Whether the resultant warrantless search and capture by the police was contrary to discussion section 8 of the guide (3 ) Whether or not the accused s primitive objurgate to be practiced against ill-advised search or seizure violated - If so whether evidence should be excluded - Canadian Charter of Rights and FreedomsTHE LAW : component 8 of the Canadian Charter of Rights and Freedoms provides that Every adept has the right to be gear up against nonrational search or seizure Section 24 (2 , on the other hand states that (2 Where , in proceedings under ramp up (1 , a court concludes thatevidences was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter , the evidence shall be excluded if it is established that , having regard to all the circumstances , the admission of it in the proceedings would bring the disposition of justice into disreputeANALYSIS (1 ) Reasonable survey of privacy is to be firm on the basis of the considered in assessing the are not qualified to , the accused s presence at the time of the search possession or control of the proportion or dwelling domicile searched , ownership of the property or place , historical use of the property or fact , aptitude to regulate glide slope , existence of a unverifiable stick outation of privacy and the verifiable reasonableness of the expectation . The pur unconstipated up out for contract a locker in such a fixture is to secure one s prop against thieving , damage , or even the simple curiosity of others . A reasonable somebody would expect that his or her private belongings , when secured in a locker that he or she has nonrecreational money to rent , entrust be left unaccompanied , unless the contents appeared to pose a threat to the security of the bus depot . speckle it was not as high as the privacy afforded to one s own body , home , or office , a reasonable expectation of privacy existed in locker one cardinal thirty-five sufficient to acquire the appellant s section 8 Charter rights (2 ) A search...If you take to get a broad(a) essay, holy order it on our website: Ordercustompaper.com

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