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In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Hayatibahar, 2026 ONCA 507, where police arrested two men for impaired driving following a fatal crash. The catch? There was only one driver. Was the arrest of both men for an offence that could only have been committed by one of them justified? And was a search of the accused's pockets at the hospital some two hours after his arrest reasonable? Or was the arrest unlawful resulting in s. 8 (unreasonable search) and s. 9 (arbitrary detention) Charter breaches?

Related lower court cases:

• 2022 ONSC 1281 (Charter application)
• 2022 ONSC 3692 (reasons for judgment)
• 2022 ONSC 5154 (reasons for sentence)

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