R v Lichtenwald

Document Type

Response or Comment

Publication Date



Criminal Law, Canada, Charter, Arbitrary Detention or Imprisonment, Charter Remedies, Exclusion of Evidence


A number of interesting issues around the law of arrest arise in this case. One relates to the role of "officer experience", which the Supreme Court has acknowledged can be relevant to both the subjective and objective portions of grounds for arrest, but claims for which should not be accepted uncritically. Here, the trial judge considered both the prior knowledge of an officer about one of the people arrested, as well as his general knowledge of the nature of drug transactions. Both of those were properly considered, though in part because neither was on its own sufficient, and both had to be combined with other factors. Those other factors included the objectively odd nature of the accused's behaviour.


Case comment on R v Lichtenwald, 2020 SKCA 70.