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R. v. Patriquen

[1995] 4 SCR 42 Court SCC Decision date 1995-10-30 Docket 24535, 24536 English

PartiesMichael Ronald Patriquen and Barry Alexander Nagy Appellants·Her Majesty The Queen Respondent

Judges Lamer, Antonio; L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley; Major, John C.

Delivered by Lamer C.J.

On appeal from Nova Scotia

Subjects Constitutional law

Contents

Lamer C.J.

Lamer C.J. ‑‑ In view of the dispute as to the scope of the concession made by the Crown at trial as regards the existence of a violation of s. 8 of the Canadian Charter of Rights and Freedoms , and given the possible reliance by the accused on such concession when conducting their case, we feel this is not an appropriate case to pronounce upon "open‑space" searches. Fortunately we are all of the view that, assuming without deciding that there was an unreasonable search and therefore a breach of s. 8 of the Charter , on the particular circumstances of this case we should not interfere with the Court of Appeal finding to the effect that the admission of the evidence would not tend to bring the administration of justice into disrepute.
The appeal is accordingly dismissed.

Statutes and regulations cited