R. v. Koczab (A.) (2014), 303 Man.R.(2d) 121 (SCC);
600 W.A.C. 121
MLB headnote and full text
[French language version follows English language version]
[La version française vient à la suite de la version anglaise]
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Temp. Cite: [2014] Man.R.(2d) TBEd. JA.050
Andy Koczab (appellant) v. Her Majesty the Queen (respondent)
(35411; 2014 SCC 9; 2014 CSC 9)
Indexed As: R. v. Koczab (A.)
Supreme Court of Canada
McLachlin, C.J.C., Abella, Rothstein, Cromwell and Moldaver, JJ.
January 22, 2014.
Summary:
The Manitoba Court of Queen’s Bench, in a decision reported at 264 Man.R.(2d) 53, acquitted the accused on one count of trafficking and on one count of possession for the purpose of trafficking relating to bricks of cocaine found following a lawful traffic stop. The Crown appealed, raising two issues: (1) whether the trial judge erred in finding that the accused had been psychologically detained by the police officer, thereby breaching his s. 10 Charter rights; and (2) whether the trial judge erred by excluding the evidence pursuant to s. 24(2) of the Charter.
The Manitoba Court of Appeal, Monnin, J.A., dissenting, in a decision reported at 294 Man.R.(2d) 24; 581 W.A.C. 24, granted the appeal and ordered a new trial. The accused appealed.
The Supreme Court of Canada allowed the appeal for the reasons of Monnin, J.A., dissenting.
Civil Rights – Topic 3604
Detention and imprisonment – Detention – What constitutes detention – The trial judge acquitted the accused of trafficking and of possession for the purpose of trafficking relating to bricks of cocaine found following a lawful traffic stop – The police officer had told the accused that he was free to go and asked him if he would mind answering a few questions – The accused agreed – The trial judge found that the accused had been psychologically detained, thereby breaching his s. 10 Charter rights, and excluded the evidence pursuant to s. 24(2) of the Charter – The Crown appealed – The Manitoba Court of Appeal, Monnin, J.A., dissenting, allowed the appeal and ordered a new trial – The Supreme Court of Canada allowed the accused’s appeal for the reasons of Monnin, J.A., dissenting – The trial judge did not err in finding that the accused had been psychologically detained and that his s. 10 rights under the Charter had been breached – The court should not interfere with the trial judge’s exercise of his discretion in concluding that the breach warranted that the evidence be excluded pursuant to s. 24(2) of the Charter.
Civil Rights – Topic 4604
Right to counsel – General – Denial of or interference with – What constitutes – [See
Civil Rights – Topic 3604
].
Civil Rights – Topic 8368
Canadian Charter of Rights and Freedoms – Denial of rights – Remedies – Exclusion of evidence – [See
Civil Rights – Topic 3604
].
Counsel:
[None disclosed].
Solicitors of Record:
[None disclosed].
This appeal was heard on January 22, 2014, by McLachlin, C.J.C., Abella, Rothstein, Cromwell and Moldaver, JJ., of the Supreme Court of Canada. The following judgment of the Supreme Court of Canada was delivered in both official languages by McLachlin, C.J.C., on the same date.
