R. v. Islam

R. v. Islam

After making limited excisions and specified amplifications and assessing the ITO as a whole (including attached Tracking Warrant ITO and tracking data summaries) a reasonable issuing justice could have been satisfied there were reasonable grounds that drug trafficking had been or would be committed and that CCTV from 933 Hornby and 1283 Howe would afford evidence; therefore Production Orders for CCTV stand, but orders for electronic key fob records and Form Ks were technically deficient and breached s.8 Charter.

Citation
2024 BCSC 1090
Parties
Crown: Rex; Accused: MD Rafiqul Islam; Applicant/accused: Charles Lawrence Flynn; Applicant/accused: Quintin Jerome Anthony; Applicant/accused: Jordan Gregory Trembley
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 June 2024
Procedural Posture
Criminal Voir Dire on Production Orders / Challenge to Production Orders (s.487.014 Ito)
Outcome
Applicants' challenges dismissed in respect of CCTV footage for 933 Hornby and 1283 Howe; production orders for electronic key fob records and Form Ks for both buildings were invalid due to s.487.014(2)(b) deficiency and s.8 Charter breach; remedy under s.24(2) to be considered.
Legal Topics
Production Orders Under S.487.014 Criminal Code, Information to Obtain (ito) Review, Tracking Warrant and Tracking Data, Confidential Informant Corroboration (debot), ITO Amplification and Excision (garofoli Principles), Section 8 Charter Breach and S.24(2) Remedy
Source Language
English
Criminal Law Search and Seizure Constitutional/charter Law Evidence Production Orders Under S.487.014 Criminal Code Information to Obtain (ito) Review Tracking Warrant and Tracking Data Confidential Informant Corroboration (debot) +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 17 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Rex

Crown

MD Rafiqul Islam

Accused

Charles Lawrence Flynn

Applicant/accused

Quintin Jerome Anthony

Applicant/accused

Jordan Gregory Trembley

Applicant/accused

Procedural Posture

Criminal Voir Dire on Production Orders / Challenge to Production Orders (s.487.014 Ito)

Legal Issues

  1. 1 Whether ITO provided reasonable grounds to believe offences (drug possession/trafficking) had been or would be committed
  2. 2 Whether CCTV from 933 Hornby and 1283 Howe would afford evidence (s.487.014(2)(b))
  3. 3 Facial and sub-facial challenges to Production Orders

Ratio Decidendi

After making limited excisions and specified amplifications and assessing the ITO as a whole (including attached Tracking Warrant ITO and tracking data summaries) a reasonable issuing justice could have been satisfied there were reasonable grounds that drug trafficking had been or would be committed and that CCTV from 933 Hornby and 1283 Howe would afford evidence; therefore Production Orders for CCTV stand, but orders for electronic key fob records and Form Ks were technically deficient and breached s.8 Charter.

Court Disposition

Applicants' challenges dismissed in respect of CCTV footage for 933 Hornby and 1283 Howe; production orders for electronic key fob records and Form Ks for both buildings were invalid due to s.487.014(2)(b) deficiency and s.8 Charter breach; remedy under s.24(2) to be considered.

Orders

  • Applications dismissed as they relate to CCTV footage at 933 Hornby and 1283 Howe
  • Paragraphs 3 and 5 of the Production Orders (electronic key fob records and Form K tenant information for 933 Hornby and 1283 Howe) should not have been issued and are invalid