Ali Bhatti v. His Majesty the King (42107)
About this episode
The episode discusses the legal case of Ali Bhatti regarding firearms offences and the implications of search and seizure rights under the Charter.
The appellant was charged with firearms offences. Police had obtained a general warrant to detain the appellant and search for his phone. The search for the phone authorized by the warrant was limited to the person of the appellant and his immediate and surrounding area. The police stopped the appellant while he was driving. During the execution of the warrant, the police seized three cell phones as well as firearms from the appellant’s vehicle, including in a hidden compartment. The appellant successfully sought to exclude the firearms evidence from his trial pursuant to s. 24(2) of the Charter on the basis of a violation of his s. 8 Charter right to be free from unreasonable search or seizure. The appellant was acquitted of the firearms offences charged. A majority of the Court of Appeal allowed the Crown’s appeal against acquittal and ordered a new trial. It concluded that the application judge erred both in finding that the search was not authorized by the warrant and in finding that the firearms should have been excluded pursuant to s. 24(2). The dissenting judge in the Court of Appeal would have dismissed the Crown’s appeal as she agreed with the application judge that, in…
Mentioned in this episode
Organizations: His Majesty the King, Crown, Court of Appeal, Charter
More episodes of Supreme Court of Canada Hearings (Floor Audio)
- His Majesty the King v. Terrell Burke-Whittaker (41786)
- Richard Leonard Walker v. His Majesty the King (Day 2/2) (41703)
- Cynthia Prescott, et al. v. Benchwood Builders Inc., et al. (41794)
- Ville de Québec v. Jardins de Vérone S.E.C. (41748)
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