R v. Richardson

Parties

Procedural Posture

Criminal / Pre Trial Applications (ito Sufficiency and S.9 Voir Dire)

Legal Issues

1. 1 Whether the June 2, 2022 ITO established reasonable and probable grounds to issue a search warrant for 11 Minerva Drive
2. 2 Whether the warrantless arrest of Richardson during the execution of the search constituted arbitrary detention contrary to s.9 of the Charter
3. 3 Appropriate remedy if a Charter breach is found

Ratio Decidendi

On a holistic review of the redacted ITO the issuing justice could reasonably have been satisfied that there were reasonable and probable grounds to issue the search warrant; the ITO was therefore upheld. The arrest of Richardson during the warrant execution constituted a technical s.9 breach because officers treated the search warrant reflexively as a de facto authority to arrest and could not articulate distinct grounds for arrest despite flight being a contributing factor; remedy consideration was deferred.

Court Disposition

ITO upheld; s.9 breach identified (technical breach); remedy consideration deferred pending submissions

Orders

• Issuance of the June 2, 2022 ITO and resulting warrant is upheld and validated
• A breach of s.9 (arbitrary detention) is found in relation to the arrest of Richardson; breach characterized as technical