In a recent decision from the Ontario Court of Justice (
R. v MacPherson, 2017 ONCJ 615 (CanLII)), an accused was facing
charges of possession of crack cocaine for the purpose of
trafficking and simple possession of marijuana under the Controlled
Drugs and Substances Act. However, Justice Sheila Ray decided to throw out all drug evidence against
him.
Her ruling comes after a critical review of the events that took
place prior to his arrest, the evidence given by the officers
involved, and a close look at the right to not be subjected to an
unreasonable search under the Canadian Charter of Rights and Freedoms.
The lead up to the unreasonable search and seizure began with
the police receiving a call regarding a car that had been driving
erratically. Justice Ray states in her ruling that, the police
"had good reason to speak with MacPherson at that point, in
order to check his sobriety and documents, and if there was no
issue, to let him continue on his way."
