Recent Cases

Location: Calgary, Alberta

Charges: Firearm possession offences and drug possession charges

Result: All charges withdrawn

A recent case handled by our office (Jillian Williamson) highlights the importance of Charter protections during police vehicle searches in Calgary traffic stops.

The Traffic Stop

Police officers conducted a traffic stop under Alberta’s Traffic Safety Act (TSA) after running a licence plate check through the vehicle registration database. The officers believed the driver did not match the description of the registered owner, which permitted them to stop the vehicle to investigate the situation.

The vehicle contained four occupants.

During the stop, officers observed an open can of liquor in the back seat. Under Alberta’s Gaming, Liquor and Cannabis Act (GLCA), police may investigate potential open liquor offences and may conduct certain searches related to those offences.

The Search

Police ordered the rear passengers to exit the vehicle and proceeded to conduct a series of searches of the occupants and the vehicle.

During those searches, officers located items that led to serious firearm and drug possession charges against my client.

However, the scope and manner of the searches raised significant Charter concerns.

The Charter Issue

Section 8 of the Canadian Charter of Rights and Freedoms protects individuals against unreasonable search and seizure.

While police may have limited authority to investigate open liquor under the GLCA, that authority does not give officers unlimited powers to conduct broad criminal searches of vehicle occupants.

In this case, the searches went beyond what was lawfully permitted.