Alberta Provincial Court Judgement - 02 - R v Manner.pdf
Item
Dublin Core
Title
Alberta Provincial Court Judgement - 02 - R v Manner.pdf
Creator
Alberta Provincial Court
Date
2021
Zotero
Abstract Note
Criminal law --- Charter of Rights and Freedoms — Charter remedies [s. 24] — Exclusion of evidence Multiple accused were charged with numerous offences, including those related to weapons and drugs
— Police conducted investigation in relation to stolen truck — Accused were sleeping in Airbnb rental suite when police entered unannounced — Homeowners testified that they gave entry code of suite to police upon request, but that they did not hear any fighting or disturbances from suite or request attendance of police to remove accused from suite — Police entered suite and found drugs, firearms, and stolen identification documents inside of suite — Crown conceded that police breached s. 8 Charter rights of accused — Accused applied to exclude evidence based on breach of s. 8 Charter rights — Application granted
— Accused were entitled to reasonable expectation of privacy while in Airbnb suite, subject to terms and conditions of Innkeepers Act (IA) — As there was no disturbance by any of accused occupying suit, none of conditions precedent in IA gave rise to power of owners or police to remove accused — Entry into suite was warrantless search — Decision to enter suite was based on direction of police officer who was investigating stolen vehicle — Officers were laughing on body camera footage and entered suite in cavalier way — Officers' actions were negligent and reckless, and were at far end of scale of culpability — Reasonable expectation of privacy of accused was wilfully flouted by police, in absence of any reasonable basis for justification of entry into suite
— Impact on Charter-protected interests of accused was serious — Although charges were serious and evidence was reliable, it could not be admitted
— Police conducted investigation in relation to stolen truck — Accused were sleeping in Airbnb rental suite when police entered unannounced — Homeowners testified that they gave entry code of suite to police upon request, but that they did not hear any fighting or disturbances from suite or request attendance of police to remove accused from suite — Police entered suite and found drugs, firearms, and stolen identification documents inside of suite — Crown conceded that police breached s. 8 Charter rights of accused — Accused applied to exclude evidence based on breach of s. 8 Charter rights — Application granted
— Accused were entitled to reasonable expectation of privacy while in Airbnb suite, subject to terms and conditions of Innkeepers Act (IA) — As there was no disturbance by any of accused occupying suit, none of conditions precedent in IA gave rise to power of owners or police to remove accused — Entry into suite was warrantless search — Decision to enter suite was based on direction of police officer who was investigating stolen vehicle — Officers were laughing on body camera footage and entered suite in cavalier way — Officers' actions were negligent and reckless, and were at far end of scale of culpability — Reasonable expectation of privacy of accused was wilfully flouted by police, in absence of any reasonable basis for justification of entry into suite
— Impact on Charter-protected interests of accused was serious — Although charges were serious and evidence was reliable, it could not be admitted
Date
2021
Short Title
02 - R v Manner.pdf
Title
Alberta Provincial Court Judgement - 02 - R v Manner.pdf
Attachment Title
02 - R v Manner.pdf
Collection
Citation
Alberta Provincial Court, “Alberta Provincial Court Judgement - 02 - R v Manner.pdf,” Deobfuscating State Surveillance, accessed May 20, 2024, https://surveillance.glendon.yorku.ca/items/show/904.