Charter
SCC Decision: June 5, 2008
Submitted by Andrew Pilliar on Thu, 2008-06-05 08:10R. v. Wittwer, 2008 SCC 33
Click here to link to the full judgment.
(Charter / Exclusion of evidence)
The accused made an incriminating statement after four hours of police interrogation, and immediately after being confronted by a prior statement that had been obtained in violation of his constitutional right to counsel. The Court held that the latter statement should be excluded, since it was tainted by the earlier Charter breach and was part of the same course of conduct.
Majority/Dissent: 7/0
SCC Decision: April 25, 2008
Submitted by Andrew Pilliar on Fri, 2008-04-25 14:58R. v. Kang-Brown, 2008 SCC 18
Click here to link to the full judgment.
(Charter / Search and seizure / Sniffer dogs)
An RCMP officer on a special drug operation at a bus station observed the accused leaving a bus. The accused acted in a suspicious manner, and the officer approached. After a brief discussion, the officer called over another officer with a police dog. The dog indicated that drugs were present, and the accused was arrested. The Court, in highly divergent reasons, held that the search was unreasonable under the Charter, and the drug evidence should be excluded.
Plurality/Partially Concurring/Dissenting/Dissenting: 4/2/2/1
