Reasons of The Court
Justice Cory wrote for the majority.
On the first question, Cory found that there was no expectation to privacy as she did not own the vehicle, she did not have any control over it, nor did she ever in the past, as well she had no relationship with the driver. She did not control access to the vehicle, nor was there any subjective evidence that she had expected there to be privacy in the vehicle.
On the second issue, Cory found that the evidence should not be excluded under section 24(2). An objective observer would find that the officer had reasonable and probable ground to suspect that the bags contained stolen property. Likewise, the officer had reasonable subjective belief in his grounds.
The violation would not affect trial fairness, the breach was isolated and brief and so was not serious. Consequently, the breach would not tend to bring the administration of justice into disrepute.
Read more about this topic: R. V. Belnavis
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