Côté J. — A majority of the Court is of the view to allow the appeal, substantially for the reasons of Tholl J.A. of the Court of Appeal for Saskatchewan (2023 SKCA 105, 429 C.C.C. (3d) 273).
As a result, the conviction is restored and the file is remanded to the Court of Appeal to address the sentence appeal. Justice Moreau is dissenting.
The following are the reasons delivered orally by
Moreau J. — I am in substantial agreement with the reasons of the majority of the Court of Appeal.
As this Court stated in R. v. Mann, 2004 SCC 52, [2004] 3 S.C.R. 59:
The detention must be viewed as reasonably necessary on an objective view of the totality of the circumstances, informing the officer’s suspicion that there is a clear nexus between the individual to be detained and a recent or on‑going criminal offence. [para. 34]
There was no clear nexus between the respondent and the particular crime, namely possession of stolen property (see C.A. reasons, at para. 39).
The majority of the Court of Appeal did not err in excluding the firearm from evidence under s. 24(2) of the Canadian Charter of Rights and Freedoms. In the absence of a reasonable suspicion, the firearm would not have been discoverable.
I would dismiss the appeal.
Cases cited
- 2023 SKCA 105 2023 SKCA 105 para 39 ¶ 1, ¶ 4
- R. v. Mann 2004 SCC 52 ¶ 4