Ontario Court of Justice
Respondent
Her Majesty the Queen
and
James [REDACTED]
Applicant
Counsel: Ms W. Levant, for Crown
Mr. S. Caramanna,
for Accused
Released: March
17, 2003
P.
Bentley J.
Ruling
Police officer arrested the accused under the Trespass to
Property Act after seeing the accused on railway tracks. Accused
subsequently searched by the officer and a small quantity of crack cocaine was
found in the accused's right front pant pocket. He was then arrested and
charged with possession of cocaine. No charge laid with respect to the Trespass to Property Act. The accused
applied to have the cocaine excluded under s.24(2) of the Charter. Application allowed. Police officer did not have
reasonable and probable grounds to arrest accused as accused was not provided
opportunity to explain his presence on the railway tracks. Evidence excluded on
the basis that due to the serious nature of the breach, it would bring the
administration of justice into disrepute if it were allowed into the trial.
Accused was subsequently acquitted.