Thanh Long Vu v. Her Majesty the Queen (March 27, 2013)
Case # 34641
At issue is the constitutionality of a search and seizure.
The police obtained a search warrant to enter a location in connection with a suspected theft of hydro.
Upon entry, the police discovered marijuana growing in the basement of the property.
After two laptop computers and a cellphone were examined, the accused was charged with marijuana-related offences.
The judge dismissed some of the evidence as it resulted from an unreasonable search and seizure, which violated his Charter rights.
As a result of the violation of his Charter rights, the trial judge acquitted the accused on all counts.
The accused was acquitted. The Court of Appeal allowed the appeal, set aside the acquittal, and ordered a new trial.
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