Charles Gerald Patrick v. Her Majesty the Queen

(British Columbia) (Criminal) (By Leave)


Canadian charter (Criminal) - Constitutional law, Search and seizure (s. 8), Investigative detention - Charter of Rights – Constitutional law – Search and seizure – Investigative detention – Search power incidental to investigative detention – Does a police officer have the power to question a detainee during the course of conducting a pat-down search incident to an investigative detention?.


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In the early morning hours of December 11, 2013, the Applicant and his three other passengers were stopped in a vehicle. The investigating officer believed the group was associated with a local drug house. Insurance inquiries made during the stop led the officer to believe the vehicle had been obtained fraudulently. Backup soon arrived on the scene. The Applicant and his passengers were asked to exit the vehicle. Upon exiting the vehicle, the officer observed a bulge in the Applicant’s jacket. She asked the Applicant, “Do you have anything on you?” The Applicant responded that he had a shotgun. The firearm was seized and the Applicant was placed under arrest. The Applicant was not afforded an opportunity to speak with counsel until arriving at the police detachment about 40 minutes after the roadside stop occurred. He was ultimately charged in an eight count indictment with a variety of firearm-related offences.