R. v. Brereton

R. v. Brereton

On the totality of the ITO as amplified, including detailed first‑hand information from a known confidential informant and corroboration by police reconnaissance and observations, a reasonable probability existed that offences (including possession for the purpose of trafficking and weapons offences) were being committed at the residence; therefore the justice of the peace could have validly authorized the warrant and the defence application to exclude evidence is dismissed.

Citation
2014 BCSC 2568
Parties
Crown: Regina; Accused: Katherine Ann Brereton; Accused: Mark William Guy; Accused: Colin Arthur Traquair
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 December 2014
Procedural Posture
Criminal / Voir Dire (application to Exclude Evidence Under S.8 and S.24(2) of the Charter)
Outcome
Defence application dismissed; search warrant held valid; no exclusion of evidence under s.24(2).
Legal Topics
Reasonable Grounds, Confidential Informant Reliability, Corroboration, Exclusion of Evidence, Possession for the Purpose of Trafficking, Search Warrant Authorization, Voir Dire
Source Language
English
Charter Law Search and Seizure Criminal Law Evidence Informant Reliability Controlled Drugs and Substances Act Matters Reasonable Grounds Confidential Informant Reliability +5 more

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Parties

Regina

Crown

Katherine Ann Brereton

Accused

Mark William Guy

Accused

Colin Arthur Traquair

Accused

Procedural Posture

Criminal / Voir Dire (application to Exclude Evidence Under S.8 and S.24(2) of the Charter)

Legal Issues

  1. 1 Whether the information to obtain the search warrant established reasonable grounds to believe offences were being committed at the residence
  2. 2 Whether the confidential informant was sufficiently reliable and whether police corroboration was adequate
  3. 3 Whether alleging possession for the purpose of trafficking in the ITO was misleading or unsupported

Ratio Decidendi

On the totality of the ITO as amplified, including detailed first‑hand information from a known confidential informant and corroboration by police reconnaissance and observations, a reasonable probability existed that offences (including possession for the purpose of trafficking and weapons offences) were being committed at the residence; therefore the justice of the peace could have validly authorized the warrant and the defence application to exclude evidence is dismissed.

Court Disposition

Defence application dismissed; search warrant held valid; no exclusion of evidence under s.24(2).

Orders

  • Defence application to exclude evidence dismissed.