Apr 4, 2011 Comments Off
The Honourable Mr. Justice Donald Lee recently released his judgement for the case of R v Agengo, 2011 ABQB 171, where the accused brought an application to the court to have evidence against him withdrawn pursuant to s.24(2) of the Canadian Charter of Rights and Freedoms, after being charged with six counts of weapon offences. The applicant, Agengo, argued that the evidence against him that he wanted withdrawn was based on a violation of his rights protected by ss. 8, 9 and 10(b) of the Charter.
The story is as follows: On May 13, 2008, after a civilian complaint, the Edmonton Police Service arrived at a vehicle containing three men who were reportedly threatening the complainant with a baseball bat. After the men had exited the vehicle at the request of the police, one of the officers had visually observed the end butt of a handgun under the front passenger seat, which was previously occupied by Agengo. The three men were then arrested and read their rights.
At the detachment, Agengo was interviewed and he admitted that he owned the handgun and was intending to sell it for profit.
Agengo later argued in court that the interview (which was tapped) and the handgun should be excluded from the evidence as the incident was not in the context of investigative detention, but that it was rather a simple civilian arrest. The Crown argued that this incident was in fact in the context of an investigative detention and therefore the evidence was permissible. Justice Lee agreed with the Crown and the application was dismissed.
Click here to read the full judgement.