| Case ID |
512ba6cd-c4cc-4d55-847e-241cdcbfe6e9 |
| Body |
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| 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)
|