R. v. Veranski and Bellotti

R. v. Veranski and Bellotti

Applying the Edwards factors to the totality of the evidence, the judge found on a balance of probabilities that Veranski had a personal and reasonable expectation of privacy in the premises at large (not only his sublet room) based on his use, possessory interest, access, storage of personal and corporate items, and ability to control access; accordingly Veranski was granted standing to challenge the search of the premises.

Citation
2011 BCSC 1869
Parties
Crown: Regina; Accused: Stoitchko Veranski; Accused: Paolo Bellotti
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 October 2011
Procedural Posture
Criminal / Voir Dire on Standing and Charter S.8 Challenge
Outcome
Standing granted to Stoitchko Veranski to challenge the search of the premises at 68 Williams Street, Port Moody
Legal Topics
Charter S.8, Standing, Search Warrant, Reasonable Expectation of Privacy
Source Language
English
Constitutional Law Criminal Law Search and Seizure Evidence Charter S.8 Standing Search Warrant Reasonable Expectation of Privacy

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Parties

Regina

Crown

Stoitchko Veranski

Accused

Paolo Bellotti

Accused

Procedural Posture

Criminal / Voir Dire on Standing and Charter S.8 Challenge

Legal Issues

  1. 1 Whether the accused has standing to challenge the search warrant for the premises at 68 Williams Street
  2. 2 Whether the accused had a reasonable expectation of privacy in the premises at large distinct from his sublet room
  3. 3 Application of the Edwards factors to the totality of circumstances to determine standing

Ratio Decidendi

Applying the Edwards factors to the totality of the evidence, the judge found on a balance of probabilities that Veranski had a personal and reasonable expectation of privacy in the premises at large (not only his sublet room) based on his use, possessory interest, access, storage of personal and corporate items, and ability to control access; accordingly Veranski was granted standing to challenge the search of the premises.

Court Disposition

Standing granted to Stoitchko Veranski to challenge the search of the premises at 68 Williams Street, Port Moody

Orders

  • Accused Stoitchko Veranski is granted standing to challenge the validity of the search warrant and the search of the premises at 68 Williams Street