Legal Case Summary

Case Details
Case ID 512ba6cd-c4cc-4d55-847e-241cdcbfe6e9
Body View case body.
Case Number D-2741 of 2016
Decision Date May 31, 2019
Hearing Date Oct 12, 2018
Decision The Supreme Court of Canada ruled that the police had unlawfully detained Tom Le when they entered his backyard without consent or a warrant. The court found that the police actions constituted a significant violation of his rights under the Canadian Charter of Rights and Freedoms. The evidence obtained as a result of this unlawful detention was deemed inadmissible, leading to the exclusion of the evidence that had been gathered during the encounter. The decision emphasized the importance of individual liberty and the need for lawful authority when detaining individuals, particularly in private spaces. Ultimately, the court allowed the appeal and set aside the convictions against Mr. Le.
Summary In the case of Tom Le vs. Her Majesty the Queen, the Supreme Court of Canada addressed the fundamental rights of individuals under the Canadian Charter of Rights and Freedoms, particularly focusing on the right to be free from arbitrary detention. The court found that the police's entry into a private backyard without consent or a warrant constituted unlawful detention. The ruling highlighted the need for law enforcement to respect individual liberties, especially in private spaces. The decision to exclude the evidence obtained during this unlawful encounter reinforces the principles of justice and the importance of lawful authority in police interactions. This case illustrates the ongoing discussions surrounding police conduct, individual rights, and the balance between security and freedom in Canadian law.
Court Supreme Court of Canada
Entities Involved CANADIAN MUSLIM LAWYERS ASSOCIATION, HER MAJESTY THE QUEEN, DIRECTOR OF PUBLIC PROSECUTIONS, CRIMINAL LAWYERS ASSOCIATION OF ONTARIO, CANADA WITHOUT POVERTY, CANADIAN MENTAL HEALTH ASSOCIATION, MANITOBA AND WINNIPEG, ABORIGINAL COUNCIL OF WINNIPEG, INC., END HOMELESSNESS WINNIPEG INC., FEDERATION OF ASIAN CANADIAN LAWYERS, CHINESE AND SOUTHEAST ASIAN LEGAL CLINIC, CANADIAN CIVIL LIBERTIES ASSOCIATION, SCADDING COURT COMMUNITY CENTRE, JUSTICE FOR CHILDREN AND YOUTH, URBAN ALLIANCE ON RACE RELATIONS
Judges WAGNER, C.J., MOLDAVER, KARAKATSANIS, BROWN, MARTIN
Lawyers Janna A. Hyman, Carole Sheppard, Faisal Mirza, Gerald Chan, Lindsay Board, Kate Robertson, Danielle Glatt, Sean Lewis, Tina Lie
Petitioners Emily Lam, Samara Secter
Respondents Sandy Tse, Amy Rose
Citations 2019 SLD 1900, 2019 SCMR 1460
Other Citations R. v. Grant, 2009 SCC 32, R. v. Mann, 2004 SCC 52, R. v. Suberu, 2009 SCC 33, R. v. Spence, 2005 SCC 71, R. v. Therens, [1985] 1 S.C.R. 613, R. v. Askov, [1990] 2 S.C.R. 1199
Laws Involved Canadian Charter of Rights and Freedoms
Sections 9, 8, 24(2)