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Criminal AND Civil LAW Assignment
Criminal & Civil Law (PFLP-3001)
Fanshawe College
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Regina vs. Stillman
Criminal and Civil Law - Case Law Assignment
Instructor David Lang
Fanshawe College
R v Stillman, [1997] 1 SCR 607
Case Citation William Wayne Dale Stillman Appellant v.
Her Majesty The Queen Respondent and The Attorney General of Canada, the Attorney General for Ontario, the Attorney General of Quebec, the Attorney General of Nova Scotia, the Attorney General of British Columbia, the Attorney General for Saskatchewan, the Attorney General for Alberta, the Law Union of Ontario, the Canadian Civil Liberties Association, the Criminal Lawyers’ Association (Ontario), and the Association québécoise des avocats et avocates de la défense Interveners
Indexed as: R. v. Stillman File No.: 24631. *1996: January 26.
*Present: Lamer C. and L’Heureux ‑Dubé, Sopinka, Cory, McLachlin, Iacobucci and Major JJ.
**Rehearing: 1996: November 7; 1997: March 20. **Present: Lamer C. and La Forest, L’Heureux ‑Dubé, Sopinka, Gonthier, Cory, McLachlin, Iacobucci and Major JJ.
On appeal from the court of appeal for New Brunswick
Background of Case
What led the arrest/court actions to occur? The arrest/court actions were initiated when Police found the body of Pamela Bischoff on April 18th 1991 near a river. What led the arrest actions to occur in regards to William Stillman was how the facts indicated that Stillman was the last person seen with Pamela Bischoff the night she died; April 12th 1991. Besides the fact that the other people in the group that went into the forest with Stillman and Bischoff shared that they left together, more information led police into believing Stillman was responsible for this murder. Stillman was connected to Bischoff’s death after a motorist informed police that “he had seen the victim with a young man walking across a bridge at around 10:15 pm” that night. Another person identified Stillman as the boy he saw walking alone near the river on the night Bischoff was murdered. A driver passing by told police that he had seen Stillman in pants that were all covered in mud. Once police located Stillman, he was arrested for murder and then brought to the RCMP detachment. Stillman tried to provide an alibi, as he claimed he was fighting off “five Indians” but the story did not check out and his credibility diminished after being caught telling the police numerous lies.
While in police custody, the lawyer representing Stillman provided a letter saying that he was not consenting to any DNA samples or providing statements. Once the lawyer left, police disregarded this information. The crown brief reveals that, “Once the lawyers left, police officers took, under threat of force, scalp hair samples from the accused and he was made to pull some of his own pubic hair. Plasticine teeth impressions were also taken”. Also during Stillman's time in police
custody, he was forced to undergo an hour of interrogation. The officer allowed him to go call his lawyer; while leaving the restroom Stillman blew his nose in tissue paper, threw it into a waste basket and left the bathroom. The officer then went into the basket and took the tissue for DNA evidence against Stillman. There was no warrant issued that provided legal justification to the officers actions nor the accused did not provide any consent to the interrogations or DNA samples. Stillman was then released and arrested several months after.
What were the actions of the parties involved? Once the brutally murdered body of a teenage girl was found along a river an investigation to find the murderer began; this is the moment when the police became involved. Once the brutally murdered body was identified as Pamela Bischoff, Stillman became involved in the investigation. Due to the fact that the police have majority of the control in regards to the investigation, they were quiet involved. Although no names were provided, the officers in charge of Stillman’s case and the interrogation began the process legally. When Stillman was arrested his rights were read to him and what not. The police involvement to be discussed is what went wrong. The officers had the knowledge and the training provided that could have prevented the situation from occurring. Disregarding the information that Stillman’s lawyer provided informing the officers that Stillman would not be participating in giving DNA or further interrogation, the officers continue to do so infringing Stillman’s rights; specifically section 8. An officer should be aware of the fact that section 8 of the Charter of Rights and Freedoms states that everyone has the right to be secure against unreasonable search or seizure. The search and seizure of DNA samples is
samples they needed to prove his guilt. He then sat through an hour of interrogation; after this he blew his nose in tissue and put it in a waste bin, where it was then collected by police and used as evidence. After being convicted of murder, Stillman appealed his case and requested remedy under section 24(2) of the Charter. Stillman informed the SCC that he felt as if his rights had been violated and requested a new trial. Despite the fact that he requested a new trial and the evidence obtained was found inadmissible, he was still found guilty of Bischoff’s death.
Legal Facts in Issue
What specific actions are being challenged? The specific actions that are being challenged would be If the rights of Stillman were infringed in order to get this evidence and if so, whether or not the evidence obtained through infringed rights should or should not be admissible in Court. According to The Canadian Charter of Rights and Freedoms s, Everyone has the right to be secure against unreasonable search or seizure, and whether the evidence found in the search conducted pursuant to police policy and without warrant or permission should be admissible - Canadian Charter of Rights and Freedoms, s(2). This search was unreasonable because they did not have consent to take any samples or do further interrogation. The hair samples, buccal swabs and dental impressions also infringe s. 7 of the Charter since it violates the right to security of the person in a manner that is not consistent with the principles of fundamental justice. Who is doing the challenging? William Stillman and the Defence are doing the challenging.
Legal Argument
Ruling of The Supreme Court of Canada
What did the Supreme Court say about the action of the police/accused? The only evidence that the Supreme court allowed from the police was the tissue paper that the accused blew his nose into after sobbing through the interrogation. This evidence did not infringe Stillman’s because he was not required to blow his nose so he technically voluntarily blew his nose and left the evidence for police. After a 5-4 majority, the other evidence obtained by police was not found admissible as it was obtained against the will of Stillman. In the crown brief it states that, “the accused’s arrest was lawful since the police officers, subjectively, were under the impression that they had reasonable and probable grounds to believe that the accused had committed the murder and, from an objective point of view, there were good and sufficient grounds for the officers to have reached that conclusion”. However, common law only allows search incident to arrest. Search incidental to arrest only allows an officer to search for two things: “the purpose of protecting the arresting officer from armed or dangerous suspects or of preserving evidence that may go out of existence or be otherwise lost”. The DNA samples is not included in preserving evidence that may go out of existence or be otherwise lost as Stillman would have always been there and able to provide this evidence. The Courts believed that the officers involved within this case used their authority to a much higher standard then what was required.
What section of the Criminal Code or the Charter did they apply/how? The Supreme Court of Canada applied section 24(2) of the Charter; 24(2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.
How did the Court apply these sections to the case? The Supreme Court of Canada used 2 sections of the Charter of Rights and Freedoms in regards to this case; section 8 and section 24(2). Section 8 provides citizens with the right to be secure against unreasonable search and seizure. The Charter also states that any property/evidence found or seized by means of a violation of section 8 can be excluded as evidence in a trial under section 24(2). Section 24 of the Charter says that (2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute. The Court used these sections to reverse the admissibility of DNA evidence the police collected. This evidence could have potentially changed the original outcome of the case before the appeal.
Effects Of The Decision
Has the decision changed the written law or is it unchanged? How? Regina vs. Stillman did not have an effect on written law; after this case it remained the same.
Did the Court offer new rules or guidance? Explain. The Court did see a violation within the Charter of Rights and Freedoms section 8. Due to the fact that Stillman's rights were infringed they offered a new trial to repair the unfairness of the previous one. In this trial, all unlawfully obtained evidence would be dismissed.
Did the decision have an effect on police procedures? Explain. The decision from the Regina vs. Stillman case did in fact have an effect on police procedures. Because of the circumstances within Stillman's case, officers were informed that they needed to be more considerate and respectful of The Charter of Rights and Freedoms and ensure that every officer is applying these rights with everyone. It also made the Court address the fact that some officers are “abusing exercise of raw physical authority” that comes along with the badge.
My Opinions/Thoughts
In regards to Regina vs. Stillman, I believe that approving the appeal and requesting a new trial was the correct decision to make. Throughout this case William Stillman did not receive fair treatment from the police the Courts may argue that the only right infringed was section 8, I believe there was much more than that. Section 7 of the Charter states that everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. The right to security and the feeling of being safe was violated in Stillman’s position. Also, section 12 of the Charter says Everyone has the right not to be subjected to any cruel and unusual treatment or punishment. This section is supposed to restrict police from being able to put citizens through what Stillman went through. I do acknowledge the fact that Stillman is responsible for a savage act, brutally murdering and sexually assaulting Bischoff. However, I do not think that what the police did to him was acceptable. Police, in my opinion, should be held to a higher standard above the law. The officers involved humiliated police officers and provided a false image of police character. In conclusion, I believe that justice always finds a way to be served and the new verdict of Stillman being guilty proves that. Lessons should be learned from cases like this; teach new recruits how to prevent incidents like this from occurring and how to be the best police officer they possibly can be.
Criminal AND Civil LAW Assignment
Course: Criminal & Civil Law (PFLP-3001)
University: Fanshawe College
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