R v Grant
| R v Grant | |
|---|---|
| Hearing: April 24, 2008 Judgment: July 17, 2009 | |
| Full case name | Donnohue Grant v Her Majesty The Queen |
| Citations | 2009 SCC 32, [2009] 2 SCR 353 |
| Docket No. | 31892 |
| Prior history | Judgment for the Crown in the Court of Appeal for Ontario. |
| Ruling | appeal allowed in part (acquittal allowed on one charge, convictions continued on remaining charges) |
| Holding | |
| (1) A detention is defined as suspension of an individual's liberty by significant physical or psychological restraint, with various factors helping to determine whether there was a psychological detention. (5:2)
(2) To determine if the admission of evidence obtained by a breach of an accused person's Charter rights would bring the administration of justice into disrepute, courts must consider the seriousness of the Charter-infringing state conduct, the impact of the breach on the Charter-protected rights of the accused, and society's interest in the adjudication of the case on its merits. (6:1) (3) For the purpose of transferring a firearm without lawful authorization under section 100(1) of the Criminal Code, "transfer" requires some type of transaction. (7:0) | |
| Court membership | |
| Chief Justice: Beverley McLachlin Puisne Justices: Ian Binnie, Louis LeBel, Marie Deschamps, Morris Fish, Rosalie Abella, Louise Charron, Marshall Rothstein | |
| Reasons given | |
| Majority | McLachlin CJ and Charron J (paras 1–149), LeBel, Fish, and Abella JJ concurring |
| Concurrence | Binnie J (paras 150–184) |
| Concurrence | Deschamps J (paras 185–230) |
| Rothstein J took no part in the consideration or decision of the case. | |
R v Grant [2009] S.C.R., 2009 SCC 32 is a leading decision of the Supreme Court of Canada on section 9, section 10 and section 24(2) of the Canadian Charter of Rights and Freedoms ("Charter"). The Court created a number of factors to consider when determining whether a person had been detained for the purpose of sections 9 and 10 of the Charter. The Court also created a new test for determining whether evidence obtained by a Charter breach should be excluded under section 24(2) of the Charter, replacing the Collins test.