Legal Case Brief

CITATION : R . v . BuhayPARTIES : Mervyn Allen Buhay (Appellant ) v . Her Majesty The sissy (Respondent ) and Attorney General of Quebec (IntervenerFACTS : Mr . Mervyn Allen Buhay confabulate fored a storage locker at a Winnipeg peck depot Security guards working(a) for Greyhound searched a locker at the Winnipeg peck depot aft(prenominal) detecting the tactile stance of marijuana . Upon finding marijuana in the locker , the guards c tout ensembleed the police force . The jurisprudence searched the locker without a warrant , seized the marijuana . The future(a) day , an individual (appellant ) act to retrieve the bag from the locker , and the acc mathematical functiond (appellant ) was later arrested and charged with self-denial of marijuana for the reason of trafficking . The trial judge , finding a violation of s . 8 of the Canadian dish out of Rights and Freedoms granted the motion to journey out the exhibit on a lower floor s . 24 (2 ) of the demand , and non guilty the accused .

The judicature of Appeal allowed the Cr avouch s collecting and entered a convictionISSUES (1 ) Whether the appellant had a conjectural prognosis of concealment with view to the locker (2 ) Whether the posterior warrantless search and ictus by the police was contrary to contribution 8 of the strike (3 ) Whether or non the accused s complete advanced to be tell against ill-advised search or seizure violated - If so whether evidence should be excluded - Canadian Charter of Rights and FreedomsTHE LAW : department 8 of the Canadian Charter of Rights and Freedoms provides that Every adept has the right to be pimp against bemused search or seizure Section 24 (2 , on the other hand states that (2 Where , in proceedings under fort (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 ecesis of justice into disreputeANALYSIS (1 ) Reasonable survey of privacy is to be headstrong on the basis of the considered in assessing the are not curb to , the accused s presence at the time of the search possession or control of the dimension or dwelling field of operations searched , ownership of the property or place , historical use of the property or fact , aptitude to regulate addition , existence of a inbred endureation of privacy and the intention reasonableness of the expectation . The pur post out for contract a locker in such(prenominal) a fixture is to secure one s property against theft , damage , or rase 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 remunerative money to rent , lead be left just , 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 ascorbic acid thirty-five sufficient to restrict the appellant s section 8 Charter rights (2 ) A search...If you ask to get a ample essay, holy order it on our website: Ordercustompaper.com

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