Case # 35971
Her Majesty the Queen v. Andrew Simpson, et al. (February 12, 2015)
At issue is whether the trial judge erred in finding that the respondents’ charter rights were violated. The respondents were acquitted of a variety of charges including breaking and entering, interference with the lawful use of property. The other charges were exploitation of property, assaulting a police officer and assault with a weapon. The incident occurred during the building inspection of a commercial unit in which the respondents were residing. The respondents assaulted police officers assisting municipal employees with the inspection. At trial, the respondents’ motion pursuant to ss. 7 and 8 of the Charter was granted and the state evidence against them was excluded. A majority of the court of appeal dismissed the crown’s appeal.