← Cases

R. v. Clement

[1996] 2 SCR 289 Court SCC Decision date 1996-06-14 Docket 24932 English

PartiesNorman Terry Clement Appellant·Her Majesty The Queen Respondent

Judges La Forest, Gérard V.; Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; Major, John C.

Delivered by Cory J.

On appeal from Ontario

Subjects Constitutional law

Contents

Cory J.

Cory J. ‑‑ There was cogent evidence to support the trial judge’s finding that the appellant consented to the search of his car before he was detained. The appellant testified that he knew that the police had no right to search his car. It is apparent that he gave his consent freely and voluntarily. It follows that the search thus consented to did not infringe s. 8 of the Charter . The appeal is therefore dismissed.

Statutes and regulations cited