Mar 18, 2013 / 1:41 pm
A woman who was given a rare chance to present legal arguments as to why the Supreme Court of Canada should heard her appeal in a drug case has been turned down.
A three-judge panel dismissed the motion from the bench immediately after hearing from the lawyers.
The court normally decides leave-to-appeal applications based on written documents.
The case involves a woman who was arrested at Vancouver airport in 2008 after a kilogram of methamphetamines was found hidden in a suitcase.
Jennifer Nagle had been pulled aside for a random screening by a border officer who questioned her about her travel plans and searched her purse before turning to the luggage.
The judge at her 2011 trial found that the officer should have advised Nagle of her rights before questioning her and acquitted her, a decision that was overturned by the provincial appeal court.
"She was not advised of these rights until after she had given incriminating answers that led to the formation of reasonable suspicion," the judge said.
The judge described the questioning and the purse search as "a trolling expedition" that ignored her charter rights.
The drug evidence was excluded and Nagle was acquitted.
Read more BC News
- Fire prohibitions start today
- Elections BC: don't tweet on election day
- Fire fighters aided by rain, cool temps
- Ferry officer will appeal conviction
- ATV rider swept over falls, killed
- Evacuation order lifted near Ashcroft
- Rock hits tent killing girl, 10 and her dad
- Hwy. 97C at Ashcroft is open
- Fisherman catches a body in his net
- Forest fire Evacuation Alert now an Order
- Artifacts stolen from God's house
- Evacuation alert in Thompson-Nicola
(Click for RSS instructions.)