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"Given the reliable nature of the evidence, it would be more detrimental to the judicial process to exclude the evidence than to admit it," he said.

He blew over 80 and was arrested and his car was later searched for drugs

"To appear to condone wilful and flagrant Charter breaches amounting to a significant incursion on the accused's rights does not enhance, but rather undermines, the long term repute of the administration of justice."

But where Palombi and Smith lost out, defence counsel Don Orazietti and his client, Keith Huron, won out.

After reading about these cases a while back, I wondered about the local case of Marty Smith, the head coach of the St. Mary's Knights football team who will be sentenced on Oct. 16 for a drinking and driving offence.

In a written decision Kukurin said obtaining the roadside breath sample, search, arrest and subsequent breathalyser sample were all violations of the accused's right not to be subjected to unreasonable search and seizure.


The court agreed police didn't have reasonable grounds to stop and question Grant, who admitted to carrying a bag of marijuana and a loaded handgun and was sentenced to a year in jail on five gun offences, and failed to advise him of his right to counsel.

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Ontario Court Justice John Kukurin ruled Huron's right not to be arbitrarily retained and the right to be secure against unreasonable search and seizure were breached during a RIDE check.

Yet in a companion ruling, the high court ruled 7 0 to uphold convictions against Donahue Grant, 18, saying his rights had been justifiably violated when police stopped him on a Toronto sidewalk because they felt he was behaving suspiciously.

This essentially means that on any given day and on any given case the line that a judge draws might just end up being redrawn later by the Supreme Court of Canada.

A portion of the section says the rear window can be blocked if the vehicle "is equipped with a mirror or mirrors securely attached to the motor vehicle . . . as to afford the driver a clearly reflected view of the roadway in the rear or of any vehicle approaching from the rear."

While the trial judge and the Ontario Court of Appeal ruled the Adidas Sl Loop Racer Blue value of the evidence outweighed the charter violations, the Supreme Court overturned those rulings in a 6 1 decision.

Defence lawyer Gus Palombi, launching a Charter challenge, argued the evidence shouldn't be admitted because the officer didn't have a lawful reason to pull his client over and quoted Sec. 74 of the Highway Traffic Act to back up his claim.

For example: In decisions involving the charter released in July the Supreme Court tossed out a drug conviction linked to the seizure of 35 kilograms of cocaine while allowing evidence in a case involving a gun.

In the cocaine trafficking case an OPP officer pulled over an SUV driven by Bradley Harrison after becoming suspicious when it was travelling at exactly the speed limit and didn't have a front licence plate. Even after learning the Alberta vehicle didn't need a front plate, the officer s questioning and searched the vehicle, discovering 35 kilograms of cocaine with a street value estimated at $2.5 $4.6 million.

the public interest takes precedence.

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Orazietti argued successfully that the officer had concluded his RIDE check when he told Huron to go ahead.

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While the breach of the man's charter rights weighs strongly in favour of excluding the gun from evidence, "the public interest in the adjudication of the case on its merits weighs strongly in favour of its admission."

Adidas Sl Loop Racer Blue

Adidas Sl Loop Racer Blue

In its ruling, the top court said it was in the public's best interest to allow the weapon as evidence. "The officers went too far in detaining the accused and asking him questions, but the point at which an encounter becomes a detention is not always clear and the officers' mistake in this case was an understandable one," the court wrote.

He said admission of the evidence after the accused's unlawful detention would bring the administration of justice into disrepute.

Smith case, which he concluded there wasn't, it wasn't of a serious nature.

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´╗┐Charter may be Adidas Tech Super Fade Ocean

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I sympathize with judges who have to make decisions where the charter of Rights and Freedoms is brought into play because there appears to be a moveable line between where the charter is inviolate and where Adidas Loop Racer Kids

Adidas Sl Loop Racer Blue

Huron had been waved through the RIDE check after saying he had not been drinking, but as he moved off he was called back and required to take a breath test.

At trial, Crown Attorney David Kirk said Smith recorded readings of 120 and 110 milligrams of alcohol in 100 millilitres of blood. The cutoff is 80.

"The seriousness of the offence and the reliability of the evidence, while important, do not in this case outweigh the factors pointing to exclusion," Chief Justice Beverley McLachlin wrote for the court.

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Smith was pulled over by a police officer because there was snow covering his back windshield. When the officer detected the odour of alcohol, he ordered breath samples.

Buttazzoni wrote that even if there was a breach in the Adidas White Sl Loop

Nevertheless, Ontario Court Justice Andrew Buttazzoni decreed that the officer stopped Smith for a valid safety reason and therefore was acting in a lawful execution of his duty.

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Adidas Sl Loop Racer Blue

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