R. V.

COLLINS

Charter Brief Proj

 Case Background
 The RCMP drug squad in Vancouver had Ruby Collins (the appellant)
under surveillance as part as an investigation into a heroin problem.

 They had been watching her for a while and the found the “perfect”
opportunity came in a pub where she was found with balloons filled with
heroin.
 Collins was approached by an officer in a pub and he informed her that
he was an officer and she attempted to swallow one of the balloons filled
the heroin.
 The officer then proceeded to drag her to the ground and put her in a
“throat hold” choke to prevent her from swallowing the heroin.
 The officer then arrested Collins for drug possesion
 Issue
 Crown counsel sought to justify the search under what
was then section 10 of the Narcotics Control Act .
 A search or seizure is unreasonable under s. 8 of the
Charter unless it is authorized by law, the authorizing
law is reasonable, and the search is carried out in a
reasonable manner.
 Normally Ruby Collins (appellant) has to persuade the
court on a civil standard that her charter right has been
infringed on.
My Analysis
 Court’s ruling
 The court threw out the conviction of Ruby Collins on
heroin trafficking charges, ruling that an RCMP drug officer
who grabbed her by the throat in the middle of a pub
violated her constitutional guarantees against unreasonable
search and seizure.
 The majority decision said that the arresting officers had not
seen a green balloon filled with heroin before Ruby Collins
was thrown to the floor, and found there was no evidence at
trial on why they could reasonably suspect that the woman,
as well as her husband, was trafficking.