E83| A gangster, a garment & a gun. Discoverability & the actual (vs. potential) exercise of police power.
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In this episode, Mike discusses the Supreme Court of Canada decision R. v. Sabiston, 2024 SCC 33 where police arrested a known gang member for possessing stolen property. He was seen walking in a high gang crime area while wearing a bullet-proof vest that looked just like the type worn by police. After searching the man, a sawed-off shotgun was found in his backpack. Despite concluding the arrest was unlawful and police conduct breached s. 8 (unreasonable search or seizure) and s. 9 (arbitrary detention) of the Charter, the trial judge found the police had enough suspicion to detain the man and could have searched him for safety anyway. Since the gun was discoverable through an otherwise lawful means (although not exercised), the evidence was admissible under s. 24(2) and the man was convicted of several weapon related offences. Listen to learn how Canada’s top court felt about all of this?
Saskatchewan Court of Appeal ruling
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