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R. v. Richard

[1996] 1 SCR 896 Court SCC Decision date 1996-03-28 Docket 24788 English

PartiesHer Majesty The Queen Appellant·Alfred Nicholas Richard Respondent

Judges Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; Iacobucci, Frank; Major, John C.

Delivered by Sopinka J.

On appeal from Nova Scotia

Subjects Constitutional law

Contents

Sopinka J.

Sopinka J. ‑‑ In this appeal as of right, we are in substantial agreement with the reasons of Chipman J.A. dissenting in the Court of Appeal (1995), 141 N.S.R. (2d) 103.
In particular, we agree with Chipman J.A. that the trial judge erred in his application of the Debot factors (R. v. Debot, [1989] 2 S.C.R. 1140) in finding that the police officer lacked reasonable and probable grounds for the search.
The appeal is allowed, the judgments of the trial judge and Court of Appeal are set aside and a new trial is ordered.

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