R. v. Feeney
Encyclopedia
R. v. Feeney, [1997] 2 S.C.R. 13 is a leading decision of the Supreme Court of Canada
on the right, under section 8
of the Canadian Charter of Rights and Freedoms
against unreasonable search and seizure
. The Court held that the police are not permitted to enter into someone's house without a search warrant
.
home from several severe blows to the head with a crowbar. At the scene, the police found a Sportsman brand cigarette, and later found Mr. Boyle's truck abandoned in a ditch. On a tip from local residents, the police located the driver of the truck, Michael Feeney, sleeping in a trailer behind the residence of a friend of his.
The police knocked on the trailer door, and shouted "police", but there was no reply. Guns drawn, the police entered. They found Feeney in bed and shook his leg to get his attention. The police asked him to get up and go outside where the light was better. Upon getting Mr. Feeney outside the police noticed his clothes were covered in blood. They read him his rights, he acknowledged he understood them, and they arrested him.
Upon questioning him, Mr. Feeney said that the blood was from getting hit by a baseball the day before. The police further noted the same brand of cigarettes in the Trailer as was found in Mr. Boyle's house. He was taken to an RCMP detachment, finger printed, made to use a breathalyzer, and for the first day or so was unsuccessful in contacting a lawyer. During this time he was questioned further, admitting he had hit and robbed Boyle. Once a search warrant was obtained, the police found Boyle's stolen property in the trailer. It was only after all of this that he finally met with a lawyer.
At trial in the Supreme Court of British Columbia
he was convicted of second degree murder
. On appeal the conviction was upheld.
Section 8 of the Charter
Sopinka first considered the leading case of R. v. Landry [1986] on warrantless arrests in a dwelling, which held that a police officer could only arrest if there are "reasonable and probable grounds" to believe that the person is on the premises, the proper announcement is made before entering, and that the officer reasonably believes that the person has committed or will commit an indictable offence
. "Reasonable and probable grounds" must be found on subjective and objective grounds (R. v. Storrey
[1990]), however, Sopinka held that there were no such grounds in this situation. The officer had admitted that he didn't think he had proper ground to enter at the time. He then went one step further and held that R. v. Landry is bad law in post-Charter law and that any entry into dwellings must be done with a warrant.
http://csc.lexum.umontreal.ca/en/1986/1986scr1-145/1986scr1-145.pdf
Section 24(2) of the Charter
Exclusionary rules of evidence based on section 8 violations of the Charter of Rights and Freedoms. A voire dire
is held by the trial judge to review the evidence in question before it is presented towards to the court or jury. This helps to ensure that any evidence brought before the courts has been legally seized by the police and that it does not bring the administration of justice into disrepute.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
on the right, under section 8
Section Eight of the Canadian Charter of Rights and Freedoms
Section Eight of the Canadian Charter of Rights and Freedoms provides everyone in Canada with protection against unreasonable search and seizure. This Charter right provides Canadians with their primary source of constitutionally enforced privacy rights against unreasonable intrusion from the state...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
against unreasonable search and seizure
Search and seizure
Search and seizure is a legal procedure used in many civil law and common law legal systems whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime.Some countries have...
. The Court held that the police are not permitted to enter into someone's house without a search warrant
Search warrant
A search warrant is a court order issued by a Magistrate, judge or Supreme Court Official that authorizes law enforcement officers to conduct a search of a person or location for evidence of a crime and to confiscate evidence if it is found....
.
Background
On the morning of June 8, 1991, 85 year-old Frank Boyle was found dead in his Likely, British ColumbiaBritish Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
home from several severe blows to the head with a crowbar. At the scene, the police found a Sportsman brand cigarette, and later found Mr. Boyle's truck abandoned in a ditch. On a tip from local residents, the police located the driver of the truck, Michael Feeney, sleeping in a trailer behind the residence of a friend of his.
The police knocked on the trailer door, and shouted "police", but there was no reply. Guns drawn, the police entered. They found Feeney in bed and shook his leg to get his attention. The police asked him to get up and go outside where the light was better. Upon getting Mr. Feeney outside the police noticed his clothes were covered in blood. They read him his rights, he acknowledged he understood them, and they arrested him.
Upon questioning him, Mr. Feeney said that the blood was from getting hit by a baseball the day before. The police further noted the same brand of cigarettes in the Trailer as was found in Mr. Boyle's house. He was taken to an RCMP detachment, finger printed, made to use a breathalyzer, and for the first day or so was unsuccessful in contacting a lawyer. During this time he was questioned further, admitting he had hit and robbed Boyle. Once a search warrant was obtained, the police found Boyle's stolen property in the trailer. It was only after all of this that he finally met with a lawyer.
At trial in the Supreme Court of British Columbia
Supreme Court of British Columbia
The Supreme Court of British Columbia is the superior trial court for the province of British Columbia. The BCSC hears civil and criminal law cases as well as appeals from the Provincial Court of British Columbia. Including supernumerary judges, there are presently 108 judges...
he was convicted of second degree murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
. On appeal the conviction was upheld.
Reasons of the court
The majority was written by Sopinka J. with La Forest, Cory, Iacobucci and Major JJ concurring.Section 8 of the CharterSection Eight of the Canadian Charter of Rights and FreedomsSection Eight of the Canadian Charter of Rights and Freedoms provides everyone in Canada with protection against unreasonable search and seizure. This Charter right provides Canadians with their primary source of constitutionally enforced privacy rights against unreasonable intrusion from the state...
Sopinka first considered the leading case of R. v. Landry [1986] on warrantless arrests in a dwelling, which held that a police officer could only arrest if there are "reasonable and probable grounds" to believe that the person is on the premises, the proper announcement is made before entering, and that the officer reasonably believes that the person has committed or will commit an indictable offenceIndictable offence
In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...
. "Reasonable and probable grounds" must be found on subjective and objective grounds (R. v. Storrey
R. v. Storrey
R. v. Storrey [1990] 1 S.C.R. 241 is a leading decision of the Supreme Court of Canada on the authority of police officers to make an arrest. The Court added an additional requirement that, in addition to an officer's subjective belief that there are reasonable and probable grounds for arrest, the...
[1990]), however, Sopinka held that there were no such grounds in this situation. The officer had admitted that he didn't think he had proper ground to enter at the time. He then went one step further and held that R. v. Landry is bad law in post-Charter law and that any entry into dwellings must be done with a warrant.
http://csc.lexum.umontreal.ca/en/1986/1986scr1-145/1986scr1-145.pdf
Section 24(2) of the CharterSection Twenty-four of the Canadian Charter of Rights and FreedomsSection Twenty-four of the Canadian Charter of Rights and Freedoms provides for remedies available to those whose Charter rights are shown to be violated...
Exclusionary rules of evidence based on section 8 violations of the Charter of Rights and Freedoms. A voire direVoir dire
Voir dire is a phrase in law which comes from the Anglo-Norman language. In origin it refers to an oath to tell the truth , i.e., to say what is true, what is objectively accurate or subjectively honest, or both....
is held by the trial judge to review the evidence in question before it is presented towards to the court or jury. This helps to ensure that any evidence brought before the courts has been legally seized by the police and that it does not bring the administration of justice into disrepute.