R. v. Taylor

R. v. Taylor

Although the ceiling tiles are fixtures, the search warrant was properly issued and validly authorized seizure because Criminal Code s.487 permits seizure of anything found at the place searched; alternatively, even if there was a Charter breach, admission of the evidence would not bring the administration of justice into disrepute and therefore the evidence is admissible under s.24(2).

Citation
2000 BCSC 1872
Parties
Crown/prosecution: Her Majesty the Queen; Accused/defendant: Thomas John Taylor
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 June 2000
Procedural Posture
Criminal / Voir Dire (pre Trial Admissibility)
Outcome
Voir dire dismissed; ceiling tiles lawfully seized and evidence admissible
Legal Topics
Search Warrant, Fixtures, Section 8 Charter, Section 24(2) Charter, Exclusion of Evidence, DNA Evidence
Source Language
English
Criminal Law Constitutional Law Evidence Law Search and Seizure Search Warrant Fixtures Section 8 Charter Section 24(2) Charter +2 more

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Parties

Her Majesty the Queen

Crown/prosecution

Thomas John Taylor

Accused/defendant

Procedural Posture

Criminal / Voir Dire (pre Trial Admissibility)

Legal Issues

  1. 1 Whether ceiling tiles classified as fixtures are subject to seizure under a search warrant
  2. 2 Whether seizure of ceiling tiles amounted to an unreasonable search and seizure contrary to section 8 of the Charter
  3. 3 Whether evidence should be excluded under section 24(2) of the Charter

Ratio Decidendi

Although the ceiling tiles are fixtures, the search warrant was properly issued and validly authorized seizure because Criminal Code s.487 permits seizure of anything found at the place searched; alternatively, even if there was a Charter breach, admission of the evidence would not bring the administration of justice into disrepute and therefore the evidence is admissible under s.24(2).

Court Disposition

Voir dire dismissed; ceiling tiles lawfully seized and evidence admissible

Orders

  • Ceiling tiles properly seized under search warrant and admitted as evidence.
  • Alternative ruling: even if seizure infringed s.8, evidence would not be excluded under s.24(2).