Case information

None.

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.

Canadian Charter of Rights and Freedoms – Arbitrary detention – Search and seizure – Right to be informed of reasons for arrest – Right to counsel – Prior to boarding international flight, accused randomly selected for questioning by Border Services Officer – Officer questioning accused and searching purse – Officer subsequently detaining accused on suspicion of involvement in drug smuggling – Accused later found to have drugs in her possession – Whether Court of Appeal erred in holding that accused’s Charter rights not violated – Whether constitutional rights of persons leaving Canada are same as those entering Canada – Whether Court of Appeal failed to properly consider state of law at time of incident – Whether Court of Appeal failed to properly consider effect of s. 11.4 of Customs Act – Whether Court of Appeal erred in substituting its findings for those of trial judge – Charter, ss. 8, 9, 10(a) and 10(b)

Minutes prior to boarding an international flight from Vancouver International Airport, Ms. Nagle was randomly selected for questioning by a Border Services Officer conducting random stops of passengers in order to ascertain, among other things, whether they were in compliance with statutory provisions aimed at prohibiting money laundering. The Officer asked Ms. Nagle several questions and asked her to provide her purse so that the Officer could search it. While doing so, he asked Ms. Nagle a series of questions. Ms. Nagle’s demeanour and the answers she provided led the Officer to suspect that she was acting as a drug courier for the exportation of drugs from Canada. Ms. Nagle was then told that she was being detained and informed of her right to counsel. She waived her right to counsel. A subsequent search of her luggage revealed a large quantity of methamphetamine and additional evidence potentially linking her to an individual reputedly involved in criminal gang activities. Ms. Nagle was arrested on charges of attempted smuggling and once again informed of her right to counsel.

At trial, Ms. Nagel alleged that her Charter rights had been violated. A voir dire was held to determine the admissibility of the evidence against her.