Does the exclusion of the knife in the context of a random check stop constitute a Charter violation?
Ontario, Canada
The following excerpt is from R. v. Pinto, 2003 CanLII 11404 (ON SC):
Crown counsel quite properly conceded that operative Charter breaches, in particular an unreasonable search or seizure, would justify exclusion of the knife. Although articulated in the context of a random check stop, the words of Cory J. in Mellenthin v. The Queen, supra at 490, are apposite here that an unreasonable search or seizure at a traffic stop “without any reasonable or probable cause, goes far beyond the purposes of those stops and constitutes a very serious Charter breach”. Police over-extension of traffic stops, even where police bad faith is not present, involves an unacceptable and serious violation: Mellenthin v. The Queen, supra at 491. CONCLUSION
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