R. v. Habte, 2025 ONCJ 216 (CanLII) 

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R. v. Habte, 2025 ONCJ 216, involves a charter application in a criminal proceeding. The accused, Henock Habte, was detained by police in a parking lot near Brampton and Vaughn. A search of his vehicle revealed a firearm and a large quantity of drugs, including fentanyl, cocaine, methamphetamine, and marijuana. He was charged with multiple offences related to firearm possession and drug trafficking.  

Habte argued that police violated his Charter rights under sections 7, 8, 8, 10(a), and 10(b), claiming that the detention and search were unlawful. His counsel also raised allegations of racial profiling, though this was not included in the initial materials. The Crown acknowledged a technical breach of section 10(b) but maintained that the police acted appropriately otherwise. 

The Ontario Court of Justice ruled that Habte was psychologically and physically detained when police boxed in his vehicle and ordered him to exit. The court found that the detention was arbitrary, violating section 9 of the Charter, as the officer lacked reasonable suspicion to justify the stop. The court also determined that the search of Habte’s vehicle was unlawful, rejecting the Crown’s argument that it was justified under the Cannabis Control Act or the plain view doctrine. 

Ultimately, the court ruled that the evidence obtained from the search should be excluded under section 24(2) of the Charter, reinforcing the importance of constitutional protections against arbitrary detention and unreasonable searches. 

 

*Canadian Charter of Rights and Freedoms – The accused alleged violations of sections 7, 8, 9, 10(a), and 10(b), which protect against arbitrary detention, unreasonable search and seizure, and ensure the right to counsel. 

Controlled Drugs and Substances Act, S.C. 1996, c. 19 – The charges included possession for the purpose of trafficking in fentanyl, cocaine, methamphetamine, and marijuana. 

Criminal Code, R.S.C. 1985, c. C-46 – The accused was charged with firearm-related offences, which fall under this statute. 

The Ontario Court of Justice ruled that the detention was arbitrary and the search was unlawful, leading to the exclusion of evidence under section 24(2) of the Charter. The decision reinforces the importance of constitutional protections against arbitrary detention and unreasonable searches.