APPENDIX

SAMPLE CHARTER NOTICE

Info. # 100995521Y1

IN THE PROVINCIAL COURT (YOUTH JUSTICE COURT) OF ALBERTA JUDICIAL DISTRICT OF EDMONTON BETWEEN: HER MAJESTY THE QUEEN, Respondent, -ANDJ.B., YOUNG PERSON, Applicant.

NOTICE OF CONSTITUTIONAL ARGUMENT

TAKE NOTICE that the Applicant will raise arguments based on the Charter of Rights when she appears on MARCH 14, 2011 at 9:30 A.M. IN CT. RM. 443, for her trial on a charges of possession of a restricted weapon (ie. bear spray), Criminal Code s. 90(1), and simple possession of marijuana, C.D.S.A s. 4(1). The relevant FACTS relating to this application are as follows. On August 17, 2010, at about 6:45 P.M., Ms. B. was the passenger in a motor vehicle pulled over by police because it had a stolen license plate on the back. The adult male driver of the vehicle immediately admitted that he knew the plate was stolen. He was arrested and charged with possession of stolen property. The police then purported to arrest Ms. B. for possession of stolen property, the same item, the license plate. She was 16 years old. There was absolutely no evidence that Ms. B. knew the plate was stolen or ever had possession of it. Therefore this arrest was bogus. It is noteworthy that Ms. B. never was charged with anything in relation to the stolen license plate, only the driver was charged.

Pursuant to this arrest, the police searched Ms. Bs purse and found a can of alleged bear spray. She was then transported to E.P.S. H.Q. where she was strip searched. This strip search was obviously a direct consequence and result of the earlier illegal searches. The strip search disclosed a small amount of marijuana in her underwear. The ARGUMENTS which the Applicant will raise at trial include the following: Violation of Charter s. 8, unreasonable search and seizure: (1) Search pursuant to arrest is only legal if the search is legal and reasonable. Search pursuant to a bogus arrest is illegal and unreasonable. (2) There were no other reasonable and probable grounds (or any grounds for that matter) to justify the search of Ms. B. at the scene of the vehicle stop. (3) The subsequent strip search was obviously a direct result of the items found in the earlier illegal searches. (4) The strip search of a sixteen year old girl, without reasonable grounds, is a particularly egregious violation of Charter s. 8. Section 3(1)(b)(iii) of the Y.C.J.A. says that young people are entitled to enhanced protection of their rights. (5) Such additional grounds as counsel may advise. The REMEDY which the Applicant will seek is exclusion of all the items taken from her during illegal searches, ie. the bear spray and the marijuana, pursuant to Charter 24(2). This should result in the dismissal of both charges. The AUTHORITIES which the Applicant will refer to include: (a) (b) (c) (d) (e) (f) All the sections of the Charter, Criminal Code, and Y.C.J.A. referred to herein, R. v. Caslake (1998) 121 C.C.C. (3d) 97 (S.C.C.), R. v. Feeney (1997) 115 C.C.C. (3d) 129 (S.C.C.), R. v. Mann (2004) 185 C.C.C. (3d) 308 (S.C.C.), R. v. Collins (1987) 33 C.C.C. (3d) 1 (S.C.C.), Such other cases as counsel may advise and provide to the Crown and the Court.

DATED at Edmonton, Alberta, February 28, 2011.

______________________________ Youth Criminal Defence Office R.A. Stroppel Q.C.

Counsel for the Applicant

TO: CLERK OF THE PROVINCIAL COURT (YOUTH JUSTICE COURT) OF ALBERTA, AND TO: ALBERTA JUSTICE, ATTN MR. CHAD OLSEN.