Mar 26, 2014

CRIMINAL LAW: SEARCH WARRANTS; RIGHT TO COUNSEL

R. c. Archambault, 2012 QCCA 20 (CanLII)
The Applicants were charged with offences relating to the manufacturing of firearms. Fearing at the time that firearms would be put into circulation, the police decided to stop the Applicants near a business. They arrested them and read them their right to remain silent and their right to retain and instruct counsel, but told them they could not exercise the latter right before a search warrant was obtained. At the beginning of the trial, the Applicants brought a motion for a Charter remedy and for the exclusion of all evidence seized in violation of their constitutional rights. Court of Québec: Applicants acquitted (of offences relating to manufacturing of firearms); all evidence seized because of infringement of s. 10(b). C.A.: appeal allowed; trial judge's decision reversed, acquittal set aside and new trial ordered.
Jonathan Scallon, Mathieu Archambault v. Her Majesty the Queen (Que. C.A., January 6, 2012) (34698) 'The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal…is dismissed without costs.'