SUPREME COURT OF CANADA Citation: R. v. Day, 2014 SCC 74, [2014] 3 S.C.R. 614 Date: 20141208 Docket: 35822 Between: Ryan Paul Day Appellant and Her Majesty The Queen Respondent Coram: McLachlin C.J. and Rothstein, Moldaver, Wagner and Gascon JJ. Reasons for Judgment: (para. 1) McLachlin C.J. (Rothstein, Moldaver, Wagner and Gascon JJ. concurring) r. v. day, 2014 SCC 74, [2014] 3 S.C.R. 614 Ryan Paul Day Appellant v. Her Majesty The Queen Respondent Indexed as: R. v. Day 2014 SCC 74 File No.: 35822. 2014: December 8.

Present: McLachlin C.J. and Rothstein, Moldaver, Wagner and Gascon JJ. on appeal from the court of appeal for newfoundland and labrador Constitutional law — Charter of Rights — Arbitrary detention — Search and seizure — Search incident to arrest — Accused’s car searched without warrant and marihuana found — Evidence seized excluded following voir dire — Court of Appeal held that trial judge erred in finding absence of subjective and objective grounds for arrest — Arrest lawful and search valid.

APPEAL from a judgment of the Newfoundland and Labrador Court of Appeal (Welsh, Rowe and Hoegg JJ.A.), 2014 NLCA 14 , 349 Nfld. & P.E.I.R. 1, 1085 A.P.R. 1, 10 C.R. (7th) 152, [2014] N.J. No. 68 (QL), 2014 CarswellNfld 78, setting aside the accused’s acquittal for trafficking marihuana and possession for the purpose of trafficking and ordering a new trial. Appeal dismissed. Kenneth J. Mahoney , for the appellant. Mark Covan and Andrew O. Brown , for the respondent. The judgment of the Court was delivered orally by [ 1 ] The Chief Justice — In spite of the able argument of Mr.

Mahoney, we are all of the view to dismiss the appeal for the reasons of Hoegg J.A. Judgment accordingly. Solicitors for the appellant: Bristow Moyse, St. John’s. Solicitor for the respondent: Public Prosecution Service of Canada, St. John’s.