2012 QCCA 175, 2012 QCCA 175
Opinion
Mines c. R. 2012 QCCA 175 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-004532-097 ( 500-01-005646-077 ) MINUTES OF THE HEARING DATE: January 18, 2012 CORAM: THE HONOURABLE FRANÇOIS PELLETIER, J.A. ALLAN R. HILTON, J.A. RICHARD WAGNER, J.A. APPELLANT(
S) ATTORNEY(
S) MICHAEL MINES Mtre Leonard Waxman WAXMAN DORVAL PERRON DEL NEGRO RESPONDENT(
S) ATTORNEY(
S) HER MAJESTY THE QUEEN Mtre Benoît Lauzon CRIMINAL AND PENAL PROSECUTING ATTORNEY ATTORNEY(
S) On appeal from a judgment rendered on November 17, 2009 by the Honourable Mr. Judge Gilles Garneau of the Quebec Court District of Montreal. NATURE OF THE APPEAL : Possession and trafficking Clerk: MARC LEBLANC Courtroom: PIERRE-BASILE-MIGNAULT HEARING 14 h 04 Beginning of the hearing. 14 h 04 Argument of Mtre Waxman. 14 h 29 Argument of Mtre Lauzon. 14 h 43 Reply by Mtre Waxman. 14 h 46 Suspension of the hearing. 15 h 01 Resumption of the hearing. Judgment rendered – see page 3. 15 h 02 The hearing is concluded. Marc Leblanc Clerk BY THE COURT JUDGMENT
[ 1 ] Even if, for purposes of discussion, the Court acquiesced to the appellant's argument that the entry of Constable Hamel into his apartment constituted a violation of
section 8 of the Canadian Charter , the facts retained by the trial judge justify his conclusion that the evidence gathered as a result of the subsequent seizure should not be excluded. [ 2 ] In particular, the Court concludes that the balancing of the three factors identified in Grant [1] can lead to no other conclusion. [ 3 ] In such circumstances, the Court must show appropriate deference to the factual conclusions of the trial judge and the conclusions in law he drew therefrom. [ 4 ] FOR THESE REASONS, THE COURT : [ 5 ] DISMISSES the appeal. FRANÇOIS PELLETIER,J.A. ALLAN R. HILTON,J.A. RICHARD WAGNER,J.A.
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