E127| Why you do what you do matters!
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In this episode, Mike discusses the Saskatchewan Court of Appeal decision R. v. Brabant, 2025 SKCA 101 where police arrested a man without reasonable grounds to do so. When the man was searched, police found meth in his pocket and a sawed-off rifle under his sweater. Although the trial judge found Charter breaches — arbitrary detention and unreasonable search — the evidence was nevertheless admitted because the police could have detained the man and patted him down for safety and discovered the evidence anyway. Did the trial judge properly consider discoverability of the evidence in his s. 24(2) analysis? Or should the evidence have been excluded? Listen and find out how Saskatchewan’s Court of Appeal felt about the trial judge’s ruling.
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