← Cases

R. v. McKarris

[1996] 2 SCR 287 Court SCC Decision date 1996-06-14 Docket 24879 English

PartiesMichael Joseph McKarris Appellant·Her Majesty The Queen Respondent

Judges Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley; Major, John C.

Delivered by Sopinka J.

On appeal from Prince Edward Island

Subjects Constitutional law

Contents

Sopinka J.

Sopinka J. ‑‑ We are all of the view that this appeal as of right should be dismissed. There were reasonable and probable grounds to arrest the appellant. The learned trial judge erred in law in this respect. Moreover, there were exigent circumstances which authorized the police officer to conduct a search pursuant to s. 10 of the Narcotic Control Act, R.S.C., 1985, c. N‑1. The search was conducted in a reasonable manner. Accordingly, we agree with the Court of Appeal that there was no breach of s. 8 of the Canadian Charter of Rights and Freedoms .
The appeal is therefore dismissed.

Statutes and regulations cited