Judgment for Crown in the Court of Appeal for Ontario
Holding
The common law Search Incident to Arrest rule needs to be modified as it relates to searches of the home to be Charter-compliant. A search incident to arrest of an area of the home not within the physical control of the accused at the time of the arrest will only be valid at common law if:
1. The police officer conducting it reasonably suspects that there is a risk to public safety that will be addressed by the search, and
2. The search is carefully tailored to address that risk.
Court membership
Chief Justice
Richard Wagner
Puisne Justices
Michael Moldaver, Andromache Karakatsanis, Suzanne Côté, Russell Brown, Malcolm Rowe, Sheilah Martin, Nicholas Kasirer, Mahmud Jamal
Reasons given
Majority
Moldaver and Jamal J, joined by Wagner CJ, and Rowe and Kasirer JJ
Concurrence
Côté J
Dissent
Karakatsanis J, joined by Brown and Martin JJ
R v Stairs, 2022 SCC 11 is a constitutional rights decision of the Supreme Court of Canada. The Court established new standards for searches of a person's home after they have been arrested. At issue in the case was whether the traditional common law power of Search Incident to Arrest, which allows police officers to engage in warrantless searches of lawfully arrested persons, was compliant with section 8 of the Charter of Rights and Freedoms as it related to searches of the home.
All justices agreed that the traditional standard was not compliant with section 8, and needed to be modified as it related to searches of the home to be constitutional. But the majority and minority split 5–4 on how stringent the new modified standard should be, with the majority opting for one less stringent than what the minority proposed.
^SCC Case Information - Docket 39416 Supreme Court of Canada
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