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R. v. Martin, [1996] 1 S.C.R. 463

 

Paul A. Martin             Appellant

 

v.

 

Her Majesty The Queen                                                                   Respondent

 

Indexed as:  R. v. Martin

 

File No.:  24671.

 

1996:  March 1.

 


Present:  Sopinka, Gonthier, Cory, McLachlin and Major JJ.

 

on appeal from the court of appeal for british columbia

 

                   Constitutional law ‑‑ Charter of Rights  ‑‑ Admissibility of evidence ‑‑ Admission of evidence not bringing administration of justice into disrepute.

 

Statutes and Regulations Cited

 

Canadian Charter of Rights and Freedoms , s. 8 .

 

                   APPEAL from a judgment of the British Columbia Court of Appeal (1995), 97 C.C.C. (3d) 241, 56 B.C.A.C. 241, 92 W.A.C. 241, 30 C.R.R. (2d) 170, 40 C.R. (4th) 382, dismissing the accused's appeal from his convictions on charges of cultivating marijuana and possession of marijuana. Appeal dismissed.

 

                   Manuel A. Azevedo, for the appellant.

 

                   S. David Frankel, Q.C., and John M. Loo, for the respondent.

 

                   The judgment of the Court was delivered orally by

 

1                 Sopinka J. ‑‑ We are all of the view that the appeal should be dismissed.  Assuming without deciding that there was a breach of s. 8  of the Canadian Charter of Rights and Freedoms , we agree with the majority of the Court of Appeal that admission of the evidence would not bring the administration of justice into disrepute.

 

                   Appeal dismissed.

 

                   Solicitors for the appellant:  Rankin & Company, Vancouver.

 

                   Solicitor for the respondent:  George Thomson, Ottawa.

 

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