R. v. Randall

canada, canadian, case law, court opinion, canlii, onca, 2026onca631, 2026 onca 631 (canlii), 2026, onca, 631, (canlii), coa-25-cr-0860, 2026, rights and freedoms, charter, search and seizure, arbitrary detention, whether observation of a vape pen with a thc sticker gave reasonable grounds to believe a cca, s. 12(1) contravention, warrantless search power under cannabis control act, 2017, s. 12(3), no breach of charter ss. 8 and 9 found, appeal allowed and new trial ordered, rights and freedoms, charter, search powers, reasonable grounds, whether the trial judge elevated the legal standard for reasonable grounds to believe under cannabis control act, 2017, s. 12(3), totality of the relevant evidence, r. v. debot, no exhaustive, confirmatory investigation required, search authorised on seeing vape pen with thc sticker, appeal allowed and new trial ordered, rights and freedoms, charter, right to counsel, whether mcgowan, morris creates an obligation to make further inquiry before forming reasonable grounds for a cannabis control act, 2017, s. 12(3) search, s. 10(b) rights must be advised as soon as grounds for a search have been formed, no mandatory questioning requirement, appeal allowed and new trial ordered, evidence, charter, exclusion of evidence, whether drugs, paraphernalia, and firearm should be excluded under charter, s. 24(2) where only remaining infringement is a brief delay in charter s. 10(b) informational duty, state misconduct low, impact moderate, society’s interest high, order excluding evidence set aside, new trial ordered