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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,

-AND-

J .B., YOUNG PERSON,

Applicant.

NOTICE OF CONSTITUTIONAL ARGUMENT

TAKE NOTICE that the Applicant will raise arguments based on the Charter of Rightswhen she appears on MARCH 14, 2011 at 9:30 A.M. IN CT. RM. 443, for her trial on a chargesof possession of a restricted weapon (ie. bear spray), Criminal Code s. 90(1), and simplepossession of marijuana, C.D.S.A s. 4(1).

The relevant FACTS relating to this application are as follows. On August 17, 2010, atabout 6:45 P.M., Ms. B. was thepassenger in a motor vehicle pulled over by police because ithad a stolen license plate on the back. The adult maledriver of the vehicle immediately admittedthatheknew the plate was stolen. He was arrested and charged with possession of stolenproperty.

The police then purported to arrest Ms. B. for possession of stolen property, the sameitem, the license plate. She was 16 years old. There wasabsolutely no evidence that Ms. B. knewthe plate was stolen or ever had possession of it. Therefore this arrest was bogus. It isnoteworthy that Ms. B. never was charged with anything in relation to the stolen license plate,only the driver was charged.

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Pursuant to this arrest, the police searched Ms. Bs purse and found a can of allegedbear spray. She was then transported to E.P.S. H.Q. where she wasstrip searched. This stripsearch was obviously a direct consequence and result of the earlier illegal searches. The stripsearch 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. Searchpursuant 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 theearlier illegal searches.

(4)The strip search of a sixteen year old girl, without reasonable grounds, is aparticularly egregious violation of Charter s. 8. Section 3(1)(b)(iii) of the Y.C.J .A.says that young people are entitled toenhancedprotection 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 herduring 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)All the sections of the Charter, Criminal Code, and Y.C.J .A. referred to herein,(b)R. v. Caslake (1998) 121 C.C.C. (3d) 97 (S.C.C.),(c)R. v. Feeney (1997) 115 C.C.C. (3d) 129 (S.C.C.),(d)R. v. Mann (2004) 185 C.C.C. (3d) 308 (S.C.C.),(e)R. v. Collins (1987) 33 C.C.C. (3d) 1 (S.C.C.),(f) 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 OfficeR.A. Stroppel Q.C.

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Counsel for the Applicant

TO: CLERK OF THE PROVINCIAL COURT (YOUTH JUSTICE COURT) OF ALBERTA,

AND TO: ALBERTA JUSTICE, ATTN MR. CHAD OLSEN.