23. R. v. Z.Y.Z [Superior Court, Kenora, Ontario – October 2015]

CHARGE: Possession of cannabis marihuana for the purpose of trafficking.
RESULT: All evidence seized by police excluded at trial under the Canadian Charter of Rights & Freedoms.

ZYZ was operating his rental vehicle eastbound on Hwy #1 near Kenora when he was apprehended for speeding by the OPP. As the Constable was a highway drug cop with interdiction (Pipeline) expertise the traffic stop was quickly transformed into a drug investigatiion. ZYZ was detained, cuffed and placed in the rear of a patrol car while the police searched his vehicle. The police seized approximately forty (“40”) pounds of cannabis marihuana from the trunk.

Patrick Fagan challenged the search & seizure on various constitutional grounds including s.8, s9 & s.10 of the Charter.

Bottom Line: The Court ruled that ZYZ’s Charter rights had been violated and ordered the exclusion of all evidence; the Crown was left with no case.

If you wish to review a transcript of the Superior Court trial proceedings (direct & cross-examination of the primary investigating officer, legal argument and Charter ruling) please click here.

Patrick Fagan

Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.

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