Reasons for Judgment — Brown J. (Wagner C.J. and Moldaver, Karakatsanis, Côté, Rowe and Martin JJ. concurring)
Brown J. — A majority of this Court would allow the appeal, substantially for the reasons of Brown J.A. at the Court of Appeal. The majority adds this. It may be that consideration should be given to the availability, under s. 24(1) of the Canadian Charter of Rights and Freedoms , of remedies other than exclusion of evidence when dealing with s. 24(2), but the majority would leave this question for another day.
Justices Karakatsanis, Brown and Martin dissent, substantially for the reasons of Sharpe J.A. at the Court of Appeal. The dissenters add this. It may be that consideration should be given to whether the police should caution persons that they stop and question that such persons need not remain or answer questions, but the dissenters would leave this for another day.
The appeal is allowed and the convictions are restored.