← Cases

R. v. Lauda

[1998] 2 SCR 683 Court SCC Decision date 1998-10-16 Docket 26444 English

PartiesJohn Michael Lauda Appellant·Her Majesty The Queen Respondent

Judges Cory, Peter deCarteret; McLachlin, Beverley; Iacobucci, Frank; Major, John C.; Bastarache, Michel

Delivered by Cory J.

On appeal from Ontario

Subjects Constitutional law

Contents

Cory J.

Cory J. ‑‑ We are all of the view that on the facts of this case the appellant, a trespasser in the fields in question, had no reasonable expectations of privacy. The decisions of this Court in R. v. Edwards, [1996] 1 S.C.R. 128, and R. v. Belnavis, [1997] 3 R.C.S. 341, are applicable. It follows that it is not necessary to consider s. 24(2) of the Canadian Charter of Rights and Freedoms . Nor do we find any merit in the alternative argument that there was a breach of s. 7 or 11(d) of the Charter . The appeal is therefore dismissed.

Cases cited

Statutes and regulations cited