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On December 23, 2000, Philip Henry Mann was placed under investigative detention by police on the grounds that he matched the description of a break and enter suspect. While under investigative detention, he submitted to a pat down search for weapons, and police proceeded to search his pockets, ultimately finding a bag containing 27 grams of marijuana. It soon became apparent that Mr. Mann had no connection to the alleged break and enter for which he was initially detained.

Mr. Mann was charged with possession of marijuana for the purpose of trafficking under section 5(2) of the Controlled Drugs and Substances Act. The issue was whether police could use evidence obtained through an investigative detention for the ulterior purpose of prosecuting a drug charge when there were not reasonable grounds to search Mr. Mann’s pockets in the first place.

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Which Sections of The Charter are Involved?

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Which Sections of The Charter are Involved?

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Section 8 and 24(2) of The Charter of Rights and Freedoms, are involved in this case.

Section 8 of  The Charter is protection from unnecessary search and seizure.

Section 24(2) states that evidence that was obtained in a manner that infringed a right or freedom will be excluded from the case.

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The Supreme Court of Canada ruled that although the initial search was justified on the grounds of officer safety, the unrelated incriminating evidence was in violation of Section 8 of the Charter, and that admission of the illegally obtained evidence would be an infringement of the Charter.

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This case demonstrates that investigative detention cannot be used to justify the collection of unrelated evidence to which the police would not normally be entitled. It also demonstrates how suspects still have legal rights and the police are not able to infringe upon these rights.