BACKGROUND FACTS

On February 15, 2024, your client, Rona Weedon was driving her car in downtown Hamilton. She was on her way to a concert being held that night at the Bridgeworks. She was with her friend, Leah Smits, who was seated in the front passenger seat. On the way, Rona went through a red light and was pulled over a short distance away by Constables Jane Firth and Devin Sharma.

Constables Firth and Sharma then approached Rona's vehicle and informed her that she was being stopped because she drove through a red light. Rona was then asked for her driver's licence, ownership and insurance. Rona produced these documents, but P.C. Firth noticed that Rona's driver's licence was expired.

P.C. Sharma then asked Rona where she was going before she was stopped. Rona told police that she and her friend were going to a concert at the Bridgeworks. In response, P.C. Firth told Rona that earlier in the day there had been a number of thefts from area stores committed by two persons driving a car that was similar to Rona's. P.C. Sharma then asked Rona whether they could search the trunk of her vehicle. Rona denied any involvement in the thefts and said she did not want the police to look in her trunk. P.C. Sharma then told Rona that if she did not give them the keys to search her trunk, they would have her vehicle towed to the police station.

Reluctantly, Rona gave her keys to P.C. Sharma, who then went to the back of the vehicle and opened the trunk. P.C. Sharma and P.C. Firth searched the trunk and located ten iPhones in their original packaging with their security tags still attached, indicating they came from "The Source" electronics store. P.C. Frith called "The Source" and confirmed that the iPhones they found in the trunk were stolen from their store earlier that day.

As a result, Rona was placed under arrest for Theft Under $5,000, contrary to s. 334(b) of the Criminal Code and Possession of Stolen Property Under $5000, contrary to s. 355(b) of the Criminal Code. Rona was then released on an Appearance Notice requiring her to attend court on March 8, 2024.

Information # J24-1089 containing these two charges was then sworn before a Justice of the Peace on March 1, 2024

In early May, 2024, Rona attends your office and asks you to defend her on the charges. Rona tells you that she originally intended to represent herself and that a trial date has now been set for September 15, 2024 at 10:00 am in Courtroom 302 in the Ontario Court of Justice at the John Sopinka Courthouse, 45 Main Street East, Hamilton in the Central South Region. She gives you the screening form and disclosure that she was provided with by the Crown when she appeared in court on March 8. You note that the screening form indicates that the Crown is electing to proceed by summary conviction on Rona's charges, so you agree to represent her as you are available on the current trial date, September 15, 2024.

After speaking to Rona, reviewing the disclosure provided by the Crown and interviewing Leah Smits, you decide that you will bring aCharterapplication at trial alleging that Rona's s. 8 right to be free from unreasonable search and seizure was violated and that, as a result, the incriminating evidence should be excluded under s. 24(2) of theCharter.You also learn that Ms. Aline Goodspeed will be prosecuting the case for the Crown and that her office is located at the Hamilton Crown Attorney's Office, 45 Main Street East in Hamilton.

PART I - APPLICATION FORM 1 Do Application Form 1 to advance the above argument. The Form 1 may be found on the Ontario Court of Justice website, where theCriminal Rulesare found. In addition, Chapter 7 (p. 144-146) of the textbook contains some useful tips for drafting this type of application.Your application form must be complete, accurate and in the proper format. You are to set out the grounds for the application and the relief sought. Be sure to include section numbers of the legislation (includingCharterandCriminal Codesections) and the evidence which you are relying on in support of your grounds and the relief sought.Remember that any evidence, witnesses or documents that you will be relying upon in support of your argument need to be mentioned in the Application form. Your submission for this portion of the Assignment need only include this completed form.

Note: You are not setting out your entire legal argument in the Application form

PART II - ARGUMENT AT HEARING

the argument you will make at the hearing of the Application. For this part of the Assignment, you must include the four areas mentioned below in your argument. The order in which you address these four areas is optional, based on what you believe is the best way to make the argument in court. The argument may be set out in paragraph formatorpoint-form using headings. Draft your argument as you would argue to the judge in court:

1. Legal Issue- frame the problem in your case as a legal question to be resolved by the court, including the principle of law, rights or other principle upon which your argument is based; the reason for which you appear before the court.
2. Legislation/Case Law- set out the law that supports the principle(s) you are arguing. Be sure to include proper titles and sections of the law and citations for any cases. You are limited to TWO applicable, leading cases in support of your argument - choose a case(s) which is/are from a higher level of court and is on point with the issue you are arguing. One method of research is to find the relevant section of the legislation and read the cases under the commentary section.
3. Your Reasoning- set out your argument by applying the law to the facts of this case, including what happened, why the principle applies and what violations of legislation, case law, rights, etc. have occurred; and
4. Relief Sought- set out what relief or remedy you are seeking from the court, including the authority for the court to grant such relief. You must include all required references to the law showing that the court can (and should) do what you are suggesting.

Note - You are to prepare the argument in a manner that reflects what you would say orally in court. As such, make sure that you are clear, concise and to the point. Also, your persuasiveness is important. Your written argument isnot to exceed two pages for the Application

Examples:

"Your Honour, the defence has brought this Application requesting the court to order........."

"The Applicant's position is .................."

"The facts of the case are as follows............."

"The Charter was violated in this case on the following basis......"

Relevant Legislation:Criminal Code of Canada,Canadian Charter of Rights and Freedoms, Rules of the Ontario Court of Justice in Criminal Proceedings.

references:

form 1: Application -https://www.ontariocourts.ca/ocj/criminal-court/criminal-court-forms/

Canadian Charter of Rights and Freedoms, Sections 8 and 24(2)

Criminal Code of Canada, Sections

334(b) and 355(b)