The court hears arguments in case #28667, Mervyn Allen Buhay v. the Queen, on November 1, 2002.
Mervyn Allen Buhay was acquitted of possession of marijuana for the purpose trafficking by the Provincial Court of Manitoba. The Crown’s case rested largely on a quantity of marijuana that Mr. Buhay allegedly placed in a locker at a bus station and that police retrieved without a warrant. The Provincial Court of Manitoba excluded this evidence on the basis that it had been obtained through an unreasonable search of the locker, in violation of section 8 of the Charter of Rights and Freedoms. The Crown appealed; the Court of Appeal of Manitoba convicted Mr. Buhay of the original charge. Mr. Buhay is appealing that decision to the Supreme Court.
Lawyer David G. Frayer presents arguments on behalf of the Crown and responds to inquiries from the justices.