R. v. Perkins

R. v. Perkins

The redacted December 10, 2014 ITO did not provide reasonable grounds to believe Corey Perkins had committed a drug offence; accordingly the justice could not properly have issued the production order for Storage Locker #1108 and the production order is set aside.

Citation
2018 BCSC 307
Parties
Crown: Regina; Accused/applicant: Corey Jim Perkins
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 February 2018
Procedural Posture
Criminal Charter S.8 Application Re Production Order and Related Warrants / Voir Dire / Pre Trial Review
Outcome
Production order for Storage Locker #1108 quashed; Canada Post general warrant conceded invalid; tracking warrant upheld
Legal Topics
Production Order, General Warrant, Tracking Warrant, Confidential Informant Reliability, Reasonable Grounds to Believe, S.24(2) Charter Exclusion
Source Language
English
Criminal Law Constitutional Law Evidence Search and Seizure Production Order General Warrant Tracking Warrant Confidential Informant Reliability +2 more

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Parties

Regina

Crown

Corey Jim Perkins

Accused/applicant

Procedural Posture

Criminal Charter S.8 Application Re Production Order and Related Warrants / Voir Dire / Pre Trial Review

Legal Issues

  1. 1 Whether the December 10, 2014 production order for Storage Locker #1108 was supported by reasonable grounds to believe the accused committed a drug offence
  2. 2 Whether the ITOs and supporting material provided sufficient basis for judicial authorization of various warrants and orders
  3. 3 The effect of redactions to confidential informant materials on the reasonable grounds assessment

Ratio Decidendi

The redacted December 10, 2014 ITO did not provide reasonable grounds to believe Corey Perkins had committed a drug offence; accordingly the justice could not properly have issued the production order for Storage Locker #1108 and the production order is set aside.

Court Disposition

Production order for Storage Locker #1108 quashed; Canada Post general warrant conceded invalid; tracking warrant upheld

Orders

  • Production Order for Storage Locker #1108 issued December 10, 2014 is set aside
  • General Warrant issued December 8, 2014 to examine Canada Post packages should not have been granted