Search & seizure

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Police responded to a 911 call alleging that 10 black men outside a strip club were brandishing handguns.  Upon arrival at the scene, police set up a roadblock and stopped the first car to approach, which contained C and F, both black males.  The car did not match the description of the vehicles outside the club that had been provided to police.  Police asked a few questions, became suspicious because of the answers and other circumstances, and asked C and F to exit the car.  C bolted and was chased and arrested, and F was also placed under arrest.  The majority of the Court held that the police lawfully exercised their common law powers to detain and search C and F, and there was no violation of sections 8 or 9 of the Charter.

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The RCMP conducted an investigation of a Canadian in a foreign country.  As part of this investigation, RCMP officers conducted warrantless searches, under the direction of a foreign police superintendent.  The Court held that the Charter does not generally apply in other countries, and that the law of the foreign state applies, subject only to the limitations of the Charter's fair trial guarantees and Canada's international human rights commitments.