R. v. Saed

R. v. Saed

No judicial authorization was required for the concierge (Grayson Owen) to provide recollections and observations to police and those recollections do not attract s.8 protection; Mr. Bardales Medina did not have a reasonable expectation of privacy in the Jan 7, 2021 CCTV footage or the Apr 2021 production because he lacked a sufficient personal connection to 833 Seymour Street at the relevant times; by contrast, Howjeen had a sufficient personal and evidentiary nexus to the subject matter of the Apr 7–12, 2021 production (Site 44D) and thus has standing to challenge that production order. Standing assessments must be personal and fact‑specific; group membership alone is insufficient to...

Citation
2024 BCSC 1027
Parties
Crown: Rex; Accused: Howjeen Saed; Accused: Hemen Hewa Saed; Accused: Diego Maradona Saed; Accused: Vinod Kanna Aruldevarajan; Accused: Roger Alfredo Bardales Medina
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 June 2024
Procedural Posture
Criminal Charter S.8 Challenge to Searches and Production Orders / Voir Dire (pre Trial) Standing to Challenge Production Orders and Third‑party Information
Outcome
Application partly dismissed and partly granted: challenge to Owen information dismissed (no s.8 engagement); for Jan 29, 2021 production (Site 24F) Crown conceded standing for Howjeen and Hemen but Roger Bardales Medina has no standing; for Apr 7–12, 2021 production (Site 44D) Howjeen has standing while Hemen and...
Legal Topics
Charter S.8, Standing, Reasonable Expectation of Privacy, Production Orders, CCTV and Fob Records, Third‑party Witness Information, Part VI Authorizations
Source Language
English
Criminal Law Constitutional Law Evidence Charter S.8 Standing Reasonable Expectation of Privacy Production Orders CCTV and Fob Records +2 more

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Parties

Rex

Crown

Howjeen Saed

Accused

Hemen Hewa Saed

Accused

Diego Maradona Saed

Accused

Vinod Kanna Aruldevarajan

Accused

Roger Alfredo Bardales Medina

Accused

Procedural Posture

Criminal Charter S.8 Challenge to Searches and Production Orders / Voir Dire (pre Trial) Standing to Challenge Production Orders and Third‑party Information

Legal Issues

  1. 1 Whether the accused have standing to challenge specific production orders and third‑party information under s.8 of the Charter
  2. 2 Whether a building concierge's oral/provided recollections (and related captured CCTV/fob images) require prior judicial authorization before police may receive them
  3. 3 Whether territorial or informational expectations of privacy arise from association with alleged criminal organization absent presence in footage

Ratio Decidendi

No judicial authorization was required for the concierge (Grayson Owen) to provide recollections and observations to police and those recollections do not attract s.8 protection; Mr. Bardales Medina did not have a reasonable expectation of privacy in the Jan 7, 2021 CCTV footage or the Apr 2021 production because he lacked a sufficient personal connection to 833 Seymour Street at the relevant times; by contrast, Howjeen had a sufficient personal and evidentiary nexus to the subject matter of the Apr 7–12, 2021 production (Site 44D) and thus has standing to challenge that production order. Standing assessments must be personal and fact‑specific; group membership alone is insufficient to...

Court Disposition

Application partly dismissed and partly granted: challenge to Owen information dismissed (no s.8 engagement); for Jan 29, 2021 production (Site 24F) Crown conceded standing for Howjeen and Hemen but Roger Bardales Medina has no standing; for Apr 7–12, 2021 production (Site 44D) Howjeen has standing while Hemen and...

Orders

  • No declaration of a reasonable expectation of privacy in the information provided by Grayson Owen; that part of the application dismissed
  • Roger Alfredo Bardales Medina has no standing to challenge the January 29, 2021 production order (Site 24F)