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Appeal decision acknowledges ‘borderline’ Charter breach but keeps evidence

Monday, June 11, 2018 @ 11:46 AM | By Terry Davidson

An Appeal Court decision to include evidence in the name of upholding justice sat at the heart of a “borderline” Charter breach case involving a pot-filled suitcase, a drug-sniffing dog and an unlawful arrest.

In what seemed like a conflicting two-part decision, the Court of Appeal of Manitoba recently ruled that while a woman was unconstitutionally arrested for transporting marijuana across Canada, evidence in the case would remain in play and her conviction of possession for the purpose of trafficking would stand.

According to the May...