Supreme Court of Nova Scotia
Citation: R. v. Emmerson, 2014 NSSC 226
Date: 20140618
Docket: Halifax No. CRH 412094
Registry: Halifax
Between:
Her Majesty the Queen
v.
Steven Charles Emmerson
Library Heading
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Judge: |
The Honourable Justice Allan P. Boudreau |
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Heard: |
May 26 & 27, 2014 in Halifax, Nova Scotia |
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Oral Decision: |
May 28, 2014 |
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Subject: |
Charter Application – Right to Counsel – Unreasonable Search and Seizure – Exclusion of Evidence under section 24(2) |
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Summary: |
Steven Charles Emmerson is charged on a four count indictment dated February 14, 2013; that, on November 5, 2010 he had in his possession for the purpose of trafficking four prohibited substances under the Controlled Drugs and Substances Act, namely; 1. Cannabis Resin 2. Hydromorphone 3. Morphine and 4. Diazepam (Valium). Mr. Emmerson has made this Charter Application alleging that his rights pursuant to sections 8 and 10(b) of the Charter were violated and he has requested an Order pursuant to section 24(2) of the Charter excluding the evidence obtained by the police. |
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Issues: |
(1) Was there a violation of the accused's section 10(b) of section 8 Charter Rights? (2) Should the evidence be excluded pursuant to section 24(2)? |
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Result: |
Found no Charter violations. Would not have excluded the evidence in any event. |
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