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Constitutional Law Mock Appeal Scenario: Roy v Her Majesty the Queen

This resource, originally from the OJEN Fall 2013 Charter Challenge, examines the constitutionality of the police practice of “carding” – requesting information from individuals without cause to believe they have been involved in illegal activity. In this scenario Tyson Roy, a young black man, is convicted of possession of an illegal handgun. On appeal, Mr. Roy argues that the police violated his Charter rights under sections 8, 9 and 10, and seeks to have the weapon excluded from evidence under section 24(2). This resource includes the trial level decision that provides the basis for the appeal, as well as a factum template.

About the Charter Challenge

As Ontario’s only provincial appellate-level mock hearing, the Charter Challenge has students prepare arguments of Charter issues raised on appeal. While researching their arguments, students have the opportunity to connect online with other students around the province, as well as with lawyer mentors. Their factums are reviewed and finalist teams have the opportunity to argue the issue before a Court of Appeal judge, either in person or through video-conferencing.

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