R. V. Macdonald 's Court Of Canada

1381 Words Mar 21st, 2015 6 Pages
R. v. MacDonald, 2014 SCC 3, [2014] 1 S.C.R. 37 The accused, Erin Lee MacDonald was charged for handling a firearm in a careless manner without taking erasable precautions for the safety of others and for possessing a loaded restricted firearm without having an authorization license stating he could do so. The case was on appeal from the Court of Appeal of Nova Scotia and was heard by the Supreme Court of Canada in 2014. The judgment of McLachlin C.J. and LeBel, Fish and Abella JJ. was delivered by LeBel J. Police responded to a noise complaint at the accused’s home. The officer arrived and knocked loudly twice demanding that the door be opened for the police. When MacDonald finally opened the door a crack but the officer on the scene still noticed that the accused was concealing some sort of object. In order to get a better look the officer pushed on the door to try and identify the object. A struggle followed and MacDonald was disarmed of a loaded handgun. The accused had a license to possess and transport a handgun in Alberta but not in Nova Scotia as he initially believed to be the case. MacDonald argued that his section 8 charter rights had been violated when the officer forced his way into the accused’s home The trial judge concluded that MacDonald’s possession of the gun was unauthorized and that, “the officer’s pushing the door open further did not breach M’s s. 8 Charter right to be free from unreasonable search” (pg 38). The officer pushing the door…

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