Case information

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Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Charter of Rights - Search and seizure - Arbitrary detention - Criminal law - Evidence - Exclusion - Appellants acquitted at trial on charges of trafficking in marihuana, possession for the purposes of trafficking and possession of the proceeds of crime - Two crucial pieces of evidence (money and marihuana) excluded on grounds they had been seized in violation of Appellants’ right to be secure against unreasonable search and seizure and right not to be arbitrarily detained or imprisoned as guaranteed by ss. 8 and 9 of Canadian Charter of Rights and Freedoms - Majority of Court of Appeal setting aside acquittals and ordering new trial - Whether the trial judge correctly held that both Appellants had a sufficient privacy interest to have “standing” with respect to the alleged violations of the Charter - Whether the trial judge correctly held that the rights of both Appellants pursuant to ss. 8 and 9 of the Charter were violated - Whether the trial judge correctly held that the money and the marihuana should be excluded pursuant to s. 24(2) of the Charter.

The charges of trafficking in marihuana, possession for the purposes of trafficking and possession of the proceeds of crime arise from a random stop of a 53-foot commercial transport tractor-trailer unit travelling eastbound along the Trans-Canada Highway near Moosomin, Saskatchewan on February 16, 2004. The unit bore Quebec license plates and was being driven by Mr. Vatsis. The other accused, Mr. Nolet, was in the passenger seat. The purpose of the stop was to conduct a safety check on the driver, on the vehicle and inspect the documents in the vehicle. The officer inspected the vehicle registration and determined that it was not pro-rated for commercial driving in Saskatchewan. The officer inspected the trailer and found that it was empty. Then he went on to inspect the tractor portion of the unit. The officer found a small duffel bag that was full of money. The officer immediately arrested the individuals. On detailed inspection, several hundred pounds of marihuana were discovered.

At trial, Nolet and Vatsis were acquitted on charges of trafficking in marihuana, possession for the purposes of trafficking and possession of the proceeds of crime. Two crucial pieces of evidence, the sum of $115,000 in cash and 392 pounds of marihuana valued somewhere between $1.1 to $1.5 million dollars, were excluded on the grounds they had been seized in violation of the rights of the accused under ss. 8 and 9 of the Charter. The majority of the Court of Appeal found that the trial judge erred in concluding that the rights of the accused under ss. 8 and 9 of the Charter had been breached, and, consequently, erred in excluding the two items of evidence, namely the marihuana and the cash. The appeal was allowed, the verdicts of acquittal set aside, and a new trial ordered. Jackson J.A. dissenting, found that the rights of the accused pursuant to ss. 8 and 9 of the Charter were violated and evidence of the money should be excluded pursuant to s. 24(2). On this basis, she would have dismissed the appeal from acquittal in relation to the proceeds of crime charge, and allowed the appeal with respect to the possession and trafficking charges, set aside the acquittals and ordered a new trial.