R. v Parsley

canada, canadian, case law, court opinion, canlii, nlca, 2026nlca23, 2026 nlca 23 (canlii), 2026, nlca, 23, (canlii), 202201h0015; 202601h0014, 2026, criminal and statutory offences, drug offences, appeal from acquittal, controlled drugs and substances act, ss. 5(1), 5(2), crown appeal limited to errors of law, criminal code, s. 676(1)(a), cocaine evidence initially excluded, crown called no evidence, acquittals vacated and matters remitted for continuation, rights and freedoms, charter, unreasonable search and seizure, canadian charter of rights and freedoms, s. 8, warrantless look inside crate and warrantless seizure in freight warehouse, onus on crown to prove crate opened independently of police influence, unreasonable inference of police involvement rejected but not overriding, section 8 appeal dismissed, evidence, charter remedies, exclusion of evidence, canadian charter of rights and freedoms, s. 24(2), r. v. grant framework and seriousness of charter, infringing conduct, unreasonable findings on police misconduct required de novo analysis, impact on privacy interests assessed, societal interest in merits and reliable evidence, exclusion set aside, cocaine admitted, procedure, warrants, scope of ruling, tracking warrants issued on reasonable suspicion standard, trial judge held tracking warrants invalid although not asked to consider them, distinction from conceded invalidity of other warrants, trial judge’s ruling overturned, tracking warrants upheld, procedure, criminal appeals, remedy, criminal code, ss. 686(4), 686(8), whether to order new trial or continuation of proceedings after setting aside acquittals, trial judge functus after acquittals, jordan applications not decided, continuation of jordan applications ordered, trial to continue if dismissed, matters remitted