United States of America v. Barbarash

United States of America v. Barbarash

The search warrant was quashed because the information to obtain did not provide reasonable grounds under s.12(1)(b) and offended s.8: it rested on unverified triple hearsay (journalist to US investigator to Canadian affiant), lacked proof of the journalist's reliability, and failed to establish a link between the...

Source-derived case information.

Citation
2002 BCSC 1721
Parties
Applicant/respondent: The United States of America; Respondent/applicant: David Barbarash
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 December 2002
Procedural Posture
Mutual Legal Assistance in Criminal Matters Act Application for Transmission of Seized Items and Review of Search Warrant / Application to Quash Search Warrant Under S.8 Charter; Transmission Application Reserved for Separate Hearing
Outcome
Search warrant quashed
Legal Topics
Search Warrant, Section 8 Charter, Hearsay and Informant Reliability, Information to Obtain, Transmission of Evidence, Staleness of Information
Source Language
english
Criminal Law Constitutional Law International Mutual Legal Assistance Search Warrant Section 8 Charter Hearsay and Informant Reliability Information to Obtain Transmission of Evidence +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

The United States of America

Applicant/respondent

David Barbarash

Respondent/applicant

Procedural Posture

Mutual Legal Assistance in Criminal Matters Act Application for Transmission of Seized Items and Review of Search Warrant / Application to Quash Search Warrant Under S.8 Charter; Transmission Application Reserved for Separate Hearing

Legal Issues

  1. 1 Whether the information to obtain provided reasonable grounds under s.12(1)(b) of the Act
  2. 2 Whether s.8 of the Charter applies and was infringed by issuance of the warrant
  3. 3 Whether the information relied on (newspaper article and journalist) was reliable or was inadmissible/unreliable hearsay

Ratio Decidendi

The search warrant was quashed because the information to obtain did not provide reasonable grounds under s.12(1)(b) and offended s.8: it rested on unverified triple hearsay (journalist to US investigator to Canadian affiant), lacked proof of the journalist's reliability, and failed to establish a link between the named David Barbarash in the article and the respondent; absent corroboration the issuing judge could not reasonably have granted the warrant.

Court Disposition

Search warrant quashed

Orders

  • Search warrant issued July 25, 2002 quashed
  • Seized evidence retained by authorities pending separate hearing on application for transmission to the United States of America