Infringement of the Canadian Charter

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Case: R. V. Mann, 2004 SCC 52, [2004] 3 S.C.R. 59 In our country, everyone is protected under the law. The Canadian Charter of Rights and Freedoms guarantees certain political rights to citizens as well as civil rights of everyone who resides in Canada. However, in some cases where law enforcement or other government agencies carry out their duties, the civil rights of a person may be infringed. Section 24 of the Charter of rights and freedoms protects residents of Canada from being violated of their civil rights. Any evidences or arrests made while one’s civil right is infringed or denied, will be neglected in any court trials. An example of this is clearly shown in the case of Regina Vs Mann 2004. The breakdown of the case is as follows: On December 23, 2000, a police dispatcher notifies that a break and enter is in progress in a district near downtown Winnipeg, MB. Two police officers respond to this dispatch around midnight. The dispatcher informs the officers that the suspect is known to be “Zachary Parisienne” a 21 year old aboriginal male, five feet eight, 165 pounds and is wearing a black jacket with white sleeves. However, when the officers arrive near the scene, they find a person walking casually along the side walk who matched the description of the suspect. They identify the man to be Philip Mann, who agrees a pat down search of any concealed weapons. During the search, one of the officers feels that there is something in Philip Mann’s kangaroo pouch pocket in the front. The officer proceeded to reach into the pocket to find a plastic bag containing 27.55 grams of marijuana. In his other pockets were small plastic baggies and two valium pills. Philip Mann was arrested for the offence of possession of marijuana for the purpose of trafficking under Section 5(2) of the Controlled Drugs and substances Act. After the arrest, Mann appealed his case. The reason of the appeal was that the search on him was unlawful. His argument was that the police who have detained and searched him had no legal rights to search his body. According to the Charter of Rights and Freedom Section 9, everyone has the right not to be arbitrarily detained or imprisoned. In the case of Philip Mann, however, the detention was justified. A police officer may arrest or detain without warrant when they have reasonable grounds to believe that a person has committed an indictable offence According to section 495 of the Criminal Code. Prior to the detention of Mann, the police officers were provided with the description of the suspect for the break and entering and since Philip Mann matched the description of the suspect, police officers had a reasonable ground to stop and conduct an investigative detention. Everything was very clear and lawful until this point. Mann was compliant towards the officers and allowed a pat down search. Unlike the search procedure incident to arrest where police officers are authorized to search a person for weapons,

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