R v. Polashek
Why was Polashek stopped?
Stopped for a Highway Traffic Violation.
In the case of R. v. A.M., what section was being infringed?
Section 8 - Everyone has the right to be secure against unreasonable search or seizure.
True or false: s.7 of the IRPA includes sexual orientation
False
Why was Mr. Stillman arrested?
Murder of Pamela Bischoff
What happened in the Lepage case & which section was in question?
Lepage wore a green bandana to school and was reported by her principal. Section 2(b) was concerned as the report unfairly infringes upon freedom of expression.
What did the officer notice about Polashek upon further inspection?
There was a potent marijuana smell, prompting search and seizure.
Why did A.M. believe his section 8 rights were being violated?
The police searched through his bag without a warrant even though the police dog reacted to A.M.’s bag
What section of the Charter did the IRPA breach?
Section 15(1)
True or false: Mr. Stillman’s section 8 and 10 rights were violated.
False
True or False: Lepage was not convicted at trial, therefore never pursuing an appeal.
False, Lepage was convicted & appealed the conviction at the OCA.
Was Polashek charged/convicted? If so, of what?
Yes, he was charged with possession of narcotics for the purpose of trafficking and possession of LSD.
What was the judges decision?
The judge found both the searches done by the sniffer dog and the police officer were unreasonable, and therefore unconstitutional and excluded the evidence.
Who did Virend file a complaint to and why?
Filed a complaint to the Humans Rights Commission stating his employer fired him due to sexual orientation
Mr. Stillman appealed his conviction and the case went to the SCC which allowed it. Why?
The nature of the claim. They had severely violated Stillman’s fundamental rights and forcibly took samples.
Can schools legally obtain the authority to manage their students' dress code? If so, are there any limitations?
Yes, but there are limitations as they cannot enforce it in derogatory ways.
Did Polashek appeal the conviction? If so, on what grounds?
Yes, on the grounds that the marijuana smell was not enough to warrant a search.
What is the test for reasonable suspicion?
Before the police can use a drug-sniffing dog to search a person or their belongings they must have reasonable grounds to suspect that the person is carrying drugs on their person or inside their belongings.
Why specifically was section 7(1) and similar sections deemed unconstitutional?
They violated s.15 of the charter and were not justified as reasonable limits under s.1 of the charter
How did they breach his section 8 rights? What samples were taken and how else did they breach his rights?
Hair sample, teeth impressions, and tissue. Waited until after his lawyer left and used force and coercion, to obtain a statement
Why was Lepage’s appeal accepted?
Her bandana was not related to gangs, rather the environment. No real dangerous gangs are affiliated with green.
Did the arresting officer have probable cause to search him?
Yes, as outlined in section 7 of the CCRF there was reasonable suspicion.
What are the orders for the reasonable suspicion grounds to be reasonable?
In order for the grounds to be reasonable, they would have to be based on some objectively verifiable evidence (such as testimony, video surveillance, etc.)
What is section 7(1) of the IRPA?
No employer or person on behalf of an employer shall refuse to employ or continue to employ any person or discriminate against any person with regard to employment or any term or condition of employment due to race, beliefs, gender, disability, age, ancestry, or origin
What was the historical significance of this case? What precedent did it set?
The Criminal Code was amended to allow DNA samples from a suspect. Inorder to take DNA samples, the police must obntain a warrant.
True or False: Many advocacy groups became involved.
True, they were protesting the gang affiliation law as it should not generalize every bandana.