Topic > R. v. litigation Buhay - 1197

The litigation R. v. Buhay is a case where the Charter of Rights and Freedoms was violated by the police force but upheld and enforced by the Supreme Court of Canada. This litigation began after two individuals; of which one was Mervyn Buhay, rented a locker at the Winnipeg bus depot. Buhay began distracting the security guards while his friend placed a duffle bag in the locker they rented. After they left, the security guards were so absorbed by the smell coming from the locker that they opened it and found a sleeping bag full of marijuana in the duffel bag. Buhay was arrested the day after the bag was taken into possession even though no warrant had been received to search the locker. During the first trial, due to violations of the Charter by police officers, Buhay was acquitted. The Crown, however, appealed this ruling and the case was taken to the Supreme Court of Canada where once again Buhay was acquitted in a ruling of 9-0. Although Buhay committed a crime by possessing marijuana, the police violated the Charter by searching Buhay's locker without a warrant or his consent, making the Supreme Court of Canada's decision to acquit Buhay reasonable. The Supreme Court of Canada's decision to acquit Buhay was reasonable because the police violated the Bill of Rights, no warrant was received to open the locker let alone seize the travel bag, and finally because the bus depot provides terms of the lockers were not efficiently provided to customers making them aware of any reasonable search conduct. As taught in the lessons, it is impossible for police officers to win the war against crime without breaking the rules, however when the rules are bent to such an extent that it begins to violate t...... half of the document... ...he would not have been acquitted, punishment would have been given and justice would have been served. Works Cited Canadian Charter of Rights and Freedoms, s 7, Part I of the Constitution Act, 1982, which is Schedule B of the Canada Act 1982 (UK), 1982, c 11. Web.Canadian Charter of Rights and Freedoms , s 8, Part I of the Constitution Act, 1982, which is Schedule B of the Canada Act 1982 (United Kingdom), 1982, c 11. Web.Ehlenberger, K. (January 2002). Educational leadership: the right to search students. In the ASCD. Retrieved November 14, 2013, from http://www.ascd.org/publications/educational-leadership/dec01/vol59/num04/The-Right-to-Search-Students.aspx.Goff, Colin. Criminal Justice in Canada. Winnipeg: Cenveo Publisher Services, 2013. PrintSSF. (2013). Surveillance self-defense. In the SSD project. Retrieved November 10, 2013, from https://ssd.eff.org/your-computer/govt/warrants.