R. v. Perkins

R. v. Perkins

On the asserted facts (access code entries, possession of the padlock key, repeated and exclusive access, and the Crown's theory of continuing possession) and applying Edwards and the Supreme Court of Canada guidance in Marakah and Jones permitting reliance on Crown‑alleged facts, the accused had a reasonable expectation of privacy in Locker #1108 and therefore has standing under s.24 to challenge the search.

Citation
2018 BCSC 231
Parties
Crown (respondent): Regina; Accused (applicant): Corey Jim Perkins
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 January 2018
Procedural Posture
Criminal Charter Challenge to Search Warrants / Voir Dire on Charter Standing / Ruling on Standing
Outcome
Accused's application for standing to challenge the search of Storage Locker #1108 granted
Legal Topics
Charter S.8, Charter S.24(2), Standing to Challenge Search, Reasonable Expectation of Privacy, Search Warrants, Exclusion of Evidence
Source Language
English
Criminal Law Constitutional Law Evidence Law Search and Seizure Law Charter S.8 Charter S.24(2) Standing to Challenge Search Reasonable Expectation of Privacy +2 more

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Parties

Regina

Crown (respondent)

Corey Jim Perkins

Accused (applicant)

Procedural Posture

Criminal Charter Challenge to Search Warrants / Voir Dire on Charter Standing / Ruling on Standing

Legal Issues

  1. 1 Whether the accused has standing under s.24 of the Charter to challenge the search of Storage Locker #1108
  2. 2 Whether the accused had a reasonable expectation of privacy in Storage Locker #1108
  3. 3 Whether the accused may rely on Crown allegations for purposes of establishing standing

Ratio Decidendi

On the asserted facts (access code entries, possession of the padlock key, repeated and exclusive access, and the Crown's theory of continuing possession) and applying Edwards and the Supreme Court of Canada guidance in Marakah and Jones permitting reliance on Crown‑alleged facts, the accused had a reasonable expectation of privacy in Locker #1108 and therefore has standing under s.24 to challenge the search.

Court Disposition

Accused's application for standing to challenge the search of Storage Locker #1108 granted

Orders

  • The court finds that Corey Jim Perkins had a reasonable expectation of privacy in Storage Locker #1108 and therefore has standing under s.24 of the Charter to challenge the search of that locker.