Case # 35644
Samir Mohamed v. Her Majesty the Queen (October 10, 2014)
After being stopped for making an illegal u-turn, the appellant was arrested three times. The three arrests were for possession of controlled substances; for trafficking; and for possession of a firearm. It was only after the appellant was arrested for the third time that the peace officer advised him of his section 10(b) charter rights. Section 10(b) of the charter pertains to the right of the detained “to retain and instruct counsel without delay and to be informed of that right.” At trial, the appellant submitted that the peace officer had breached his rights under s. 8, 10(a) and 10(b) of the charter. The trial judge held that the peace officer had reasonable
grounds to arrest the appellant for possession. The trial judge held that the subsequent searches of his person did not violate the appellant’s s. 8 charter rights. The trial judge also found that the appellant’s s. 10(a) charter rights had not been violated, but that his s. 10(b) rights had been infringed. The appellant was convicted as charged. A majority of the court of appeal dismissed his appeal.