Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses search and seizure.
Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.
Michael Okemow was charged in connection with a shooting in downtown Winnipeg. Essentially, the theory of the case at trial was that Mr. Okemow had run into a nearby residence, hid out there and when he was discovered by police, he claimed falsely that he stayed there and enjoyed an expectation of privacy.
Ultimately, a search of the residence was conducted and a firearm was located. The court determined that Mr. Okemow did not have standing to challenge the search of the residence because he claimed that he lived there and that was false.
This raised the important issue of whether he had the right to say that his privacy rights were violated in the way that the search was conducted, in the residence that may or may not have been his.
Watch the video for more.
