Judgment for the Crown in the Court of Appeal for Ontario.
Ruling
appeal allowed in part (acquittal allowed on one charge, convictions continued on remaining charges)
Holding
(1) A detention is defined as suspension of an individual's liberty by significant physical or psychological restraint, with various factors helping to determine whether there was a psychological detention. (5:2)
(2) To determine if the admission of evidence obtained by a breach of an accused person's Charter rights would bring the administration of justice into disrepute, courts must consider the seriousness of the Charter-infringing state conduct, the impact of the breach on the Charter-protected rights of the accused, and society's interest in the adjudication of the case on its merits. (6:1)
(3) For the purpose of transferring a firearm without lawful authorization under section 100(1) of the Criminal Code, "transfer" requires some type of transaction. (7:0)
Court membership
Chief Justice: Beverley McLachlin Puisne Justices: Ian Binnie, Louis LeBel, Marie Deschamps, Morris Fish, Rosalie Abella, Louise Charron, Marshall Rothstein
Reasons given
Majority
McLachlin CJ and Charron J (paras 1–149), joined by LeBel, Fish, Abella JJ
Concurrence
Binnie J (paras 150–184)
Concurrence
Deschamps J (paras 185–230)
Rothstein J took no part in the consideration or decision of the case.
R v Grant, 2009 SCC 32 is a leading decision of the Supreme Court of Canada on section 9, section 10 and section 24(2) of the Canadian Charter of Rights and Freedoms ("Charter"). The Court created a number of factors to consider when determining whether a person had been detained for the purpose of sections 9 and 10 of the Charter. The Court also created a new test for determining whether evidence obtained by a Charter breach should be excluded under section 24(2) of the Charter, replacing the Collins test.
^SCC Case Information - Docket 31892 Supreme Court of Canada
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