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R. v. Whyte

2011 SCC 49 [2011] 3 SCR 364 Court SCC Decision date 2011-10-20 Docket 33965 English

PartiesMark Whyte Appellant·Her Majesty The Queen Respondent

Counsel (2)
Solicitors for the appellant: Rusonik, O’Connor, Robbins, Ross, Gorham & Angelini, Toronto.
Solicitor for the respondent: Attorney General of Ontario, Toronto.

Judges Deschamps, Marie; Fish, Morris J.; Abella, Rosalie Silberman; Rothstein, Marshall; Cromwell, Thomas Albert

Delivered by Deschamps J. (Fish, Abella, Rothstein and Cromwell JJ. concurring)

On appeal from Ontario

Subjects Constitutional law

Contents

Reasons for Judgment — Deschamps J. (Fish, Abella, Rothstein and Cromwell JJ. concurring)

Deschamps J. ― We are of the view that the Court of Appeal did not err in finding that, as a matter of law,

[s]ince the police had reasonable grounds, subjective and objective, to believe that the occupants of the vehicle were in possession of illegal firearms, the arrest of the occupants of the vehicle and search as an incident of the arrest were lawful. There was no violation of the respondent’s rights under ss. 8 and 9 of the Charter and the evidence should not have been excluded.

(2011 ONCA 24, 266 C.C.C. (3d) 5, at para. 32)

The appeal is therefore dismissed.

Cases cited

Statutes and regulations cited