Present: Lamer, Wilson, La Forest, L'Heureux‑Dubé, Sopinka, Gonthier and Cory JJ.
on appeal from the court of appeal for alberta
Constitutional law ‑‑ Charter of Rights ‑‑ Admissibility of evidence ‑‑ Bringing administration of justice into disrepute ‑‑ Whether admission into evidence of seized drug bringing administration of justice into disrepute.
Evidence ‑‑ Admissibility of evidence ‑‑ Bringing administration of justice into disrepute ‑‑ Whether admission into evidence of seized drug bringing administration of justice into disrepute.
Cases Cited
Applied: R v. Collins, [1987] 1 S.C.R. 265.
APPEAL from a judgment of the Alberta Court of Appeal (1987), 52 Alta. L.R. (2d) 326, 78 A.R. 252, 31 C.R.R. 381, allowing the Crown's appeal from the accused's acquittal on a charge of possession of a narcotic for the purpose of trafficking. Appeal dismissed.
Alexander D. Pringle, for the appellant.
S. R. Fainstein, Q.C., for the respondent.
The judgment of the Court was delivered orally by
Lamer J.‑‑We need not hear from you Mr. Fainstein. Notwithstanding Mr. Pringle's advocacy, he has not persuaded us that his appeal should succeed.
We give judgment as follows:
This appeal comes to us as of right. Assuming without deciding that the search was unreasonable on either ground, we are all of the view, applying R. v. Collins, [1987] 1 S.C.R. 265, to the particular circumstances of this case, that the admission of the evidence could not bring the administration of justice into disrepute.
The appeal is accordingly dismissed.
Judgment accordingly.
Solicitor for the appellant: Alexander D. Pringle, Edmonton.
Solicitor for the respondent: John C. Tait, Ottawa.
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