Legal Case Brief

CITATION : R . v . BuhayPARTIES : Mervyn Allen Buhay (Appellant ) v . Her Majesty The queen regnant (Respondent ) and Attorney General of Quebec (IntervenerFACTS : Mr . Mervyn Allen Buhay call fored a storage cabinet at a Winnipeg jalopy depot Security guards works for Greyhound searched a locker at the Winnipeg bus depot after(prenominal) detecting the tactile stead of marihuana . Upon determination marijuana in the locker , the guards called the constabulary . The jurisprudence searched the locker without a warrant , seized the marijuana . The next day , an individual (appellant ) assay to retrieve the bag from the locker , and the accused (appellant ) was later arrested and aerated with possession of marijuana for the resolve of trafficking . The trial judge , finding a violation of s . 8 of the Canadian wage of R ights and Freedoms granted the motion to move out the exhibit chthonian s . 24 (2 ) of the call for , and non guilty the accused .

The greet of Appeal allowed the Crown s appeal and entered a convictionISSUES (1 ) Whether the appellant had a reasonable prognosis of privacy with view to the locker (2 ) Whether the succeeding warrantless search and seizure by the police was contrary to subsection 8 of the Charter (3 ) Whether or not the accused s constitutional right to be secure against ill-advised search or seizure violated - If so whether evidence should be excluded - Canadian Charter of Rights and FreedomsTHE L AW :Section 8 of the Canadian Charter of Rig! hts and Freedoms provides that Every adept has the right to be secure against unreasonable search or seizure Section 24 (2 , on the other hand states that (2 Where , in proceedings under outgrowth (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 administration of justice into disreputeANALYSIS (1 ) Reasonable perspective of privacy is to be determined on the basis of the considered in assessing the are not restricted to , the accused s presence at the time of the search possession or control of the airscrew or dwelling house searched , ownership of the property or place , historical use of the property or keepsake , aptitude to regulate access , existence of a subjective expectation of privacy and the objective reasonableness o f the expectation . The pur stiff out for contract a locker in such(prenominal) a fixture is to secure one s property 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 paid money to rent , will be left solo , 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 hundred thirty-five sufficient to involve the appellant s section 8 Charter rights (2 ) A search...If you pauperization to get a full essay, holy order it on our website: OrderCustomPaper.com

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