R. v. Russell

R. v. Russell

Warrants were supported by information incapable of establishing reasonable grounds; searches therefore breached s.8; applying the Grant factors (seriousness of state conduct, impact on privacy and dignity, and society's interest) and considering negligent state and judicial conduct and the profound intrusion into residential privacy, admission of the seized cigarettes would bring the administration of justice into disrepute and they must be excluded under s.24(2).

Citation
2010 NSPC 2
Parties
Crown (prosecution): R.; Accused (defendant): William Oswald Russell
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
29 January 2010
Procedural Posture
Criminal Search and Seizure; Charter Application / Charter S.24(2) Exclusion Hearing (pre Trial)
Outcome
Seized cigarettes excluded from evidence
Legal Topics
Charter S.8, Charter S.24(2), Search Warrants, Exclusion of Evidence, Informant Reliability
Source Language
English
Constitutional Law Criminal Law Evidence Law Search and Seizure Charter S.8 Charter S.24(2) Search Warrants Exclusion of Evidence +1 more

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Parties

R.

Crown (prosecution)

William Oswald Russell

Accused (defendant)

Procedural Posture

Criminal Search and Seizure; Charter Application / Charter S.24(2) Exclusion Hearing (pre Trial)

Legal Issues

  1. 1 Whether searches breached s.8 of the Charter
  2. 2 Whether evidence seized should be excluded under s.24(2) of the Charter
  3. 3 Assessment of informant reliability and sufficiency of Informations to Obtain

Ratio Decidendi

Warrants were supported by information incapable of establishing reasonable grounds; searches therefore breached s.8; applying the Grant factors (seriousness of state conduct, impact on privacy and dignity, and society's interest) and considering negligent state and judicial conduct and the profound intrusion into residential privacy, admission of the seized cigarettes would bring the administration of justice into disrepute and they must be excluded under s.24(2).

Court Disposition

Seized cigarettes excluded from evidence

Orders

  • Seized cigarettes excluded from evidence pursuant to s.24(2) of the Charter in relation to all listed dockets