Courthouse: Ontario Court of Justice Kitchener
Counsel: Jordan Peach
Date of Judgment: May 27, 2025
Background
Mr. C was operating a rental vehicle that was rented on his behalf by a friend. While driving the rental vehicle during a snowstorm, the vehicle spun out while on an on-ramp to Highway 7/8 in Kitchener, Ontario. The vehicle was not driveable and required a tow. A nearby tow truck responded and contacted OPP as the vehicle also hit and damaged an MTO Sign. Police arrived on scene and requested vehicle documentation; Mr. C provided the rental agreement and vehicle ownership but was unable to provide a valid insurance slip.
The officer on scene requested the vehicle be removed from the ditch and brought to a nearby parking lot for Mr. C to complete a Motor Vehicle Collision Report. Mr. C sat in the tow truck to complete his statement. At this time, the officer conducted an inventory search of the vehicle on the basis that the vehicle was not driveable and would remain at a tow truck lot until the registered owner (rental company) could retrieve the vehicle and pay applicable fees.
The Issue
During the initial inventory search of the vehicle, the officer located a pill bottle in the centre console with Morphine that was not prescribed to Mr. C. The officer requested back-up to effect an arrest, at which point Mr. C began to pull away. After a brief struggle, Mr. C was apprehended and searched incident to arrest where officers located two bags with suspected methamphetamine and two cell phones. Mr. C and the vehicle were brought to police detachment. At the station, police conducted a second inventory search and located three scales with suspected narcotic residue, another baggy with more white powder in the centre console, and several pills in the trunk. Police contacted a K-9 Unit for a further search which yielded nothing.
Total items seized: 41.2 grams of cocaine, 18 oxycodone pills, 30 grams of methamphetamine, two cell phones and three digital scales.
The Strategy
Counsel Jordan Peach successfully brought an application pursuant to sections 8, 9 and 24(2) of the Charter to have all items excluded from evidence. The Court found that the officer had no lawful authority to conduct a search of the vehicle, as it was not properly in police custody at the time of the initial search. Based on the finding that the initial search was unlawful, the Court further found that Mr. C’s arrest and all subsequent searches of his person and the vehicle were also unlawful.
Result
After determining that Mr. C’s section 8 and 9 rights had been breached, the Court considered whether to exclude the evidence pursuant to section 24(2) of the Charter. The court made the following findings: (1) the seriousness of the Charter breach strongly favoured exclusion of evidence; (2) the impact on the accused moderately favoured exclusion; (3) societies’ interest in having the case adjudicated on its merits favoured inclusion of the evidence.
Overall, the court found that the circumstances of the case favoured exclusion and all charges against Mr. C were dismissed.