Case # 35822
Ryan Paul Day v. Her Majesty the Queen (December 8, 2014)
At issue is whether the appeal court erred in reintroducing evidence to the case. The appellant was acquitted of possession of marijuana for the purpose of trafficking. The trial judge found that the appellant’s arrest was unlawful and that his Section 8 and 9 Charter rights had been infringed. Evidence of marijuana, cell phones and drug paraphernalia were excluded pursuant to Section 24(2) of the Charter. The crown appealed, arguing that the appellant’s arrest was lawful and that his Section 8 and 9 Charter rights had not been breached. Alternatively, the crown argued that even if his Charter rights had been infringed, the trial judge erred by excluding the evidence. A majority of the court of appeal allowed the appeal and ordered a new trial.