R. v. McGowan-Morris, 2025 ONCA 349 — A Pivotal Ruling on Charter Rights and Vehicle Searches
By Caroline Ward, Articling Student
The Ontario Court of Appeal's decision in R. v. McGowan-Morris, 2025 ONCA 349, stands as a significant clarification of the scope of Charter rights during vehicle stops and searches under provincial cannabis legislation. This case addresses the critical question: when are police officers required to inform detained individuals of their right to counsel under section 10(b) of the Canadian Charter of Rights and Freedoms?
Case Overview
In this case, Mr. McGowan-Morris was in a car with 3 other individuals filming a music video, when they were stopped by police officers who suspected a violation of Ontario's Cannabis Control Act (CCA), specifically section 12, which prohibits operating a vehicle with loose or accessible cannabis. Upon stopping the vehicle, the officers conducted a search without informing the occupants of their right to counsel. This search led to the discovery of handguns.
Legal Issues
The central legal issue revolved around whether the police officers' failure to inform the vehicle occupants of their right to counsel at the time of detention constituted a breach of section 10(b) of the Charter. The officers argued that the search was authorized under the CCA and that immediate access to counsel was not required.
Court of Appeal's Analysis
The Ontario Court of Appeal held that the police officers did, in fact, breach section 10(b) of the Charter by not informing the occupants of their right to counsel upon detention. The court distinguished this case from R. v. Orbanski, where the Supreme Court had found that certain roadside detentions did not require immediate access to counsel due to the brief and transitory nature of the stop. In McGowan-Morris, the court emphasized that the CCA does not inherently suspend the right to counsel and that any limitations on Charter rights must be "prescribed by law" and demonstrably justified under section 1 of the Charter.
Implications
This decision underscores the necessity for police officers to inform individuals of their right to counsel immediately upon detention, even during vehicle stops under provincial legislation like the CCA. It clarifies that unless a law explicitly and justifiably limits this right, the obligation to inform remains intact. This ruling serves as a reminder of the importance of upholding Charter rights in all law enforcement activities and may influence how police conduct searches and detentions in the future.
For a detailed understanding of the court's reasoning, the full decision is available on CanLII:https://canlii.ca/t/kc0t7
