R. v. James

R. v. James

On the totality of the circumstances set out in the ITO, considered with the additional facts elicited on cross-examination, the issuing justice could have been satisfied there were reasonable grounds to believe many of the specified items would be found in the Toyota Camry; the warrant was therefore valid and there was no breach of s.8 of the Charter, so exclusion under s.24(2) was not decided.

Citation
2018 BCSC 405
Parties
Crown: Regina; Accused: Victor Junior James; Co Accused: Stephen Smith
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 January 2018
Procedural Posture
Criminal / Voir Dire on S.8 Charter Application (pre Trial)
Outcome
Application to exclude evidence dismissed; warrant authorizing search of vehicle upheld; no s.8 breach found
Legal Topics
Search Warrant, Section 8 Charter Unreasonable Search and Seizure, Section 24(2) Exclusion of Evidence, Facial and Sub Facial Challenge to ITO, Doctrine of Severability, Reasonable Grounds for Warrant
Source Language
English
Criminal Law Constitutional Law Charter Rights Search Warrant Section 8 Charter Unreasonable Search and Seizure Section 24(2) Exclusion of Evidence Facial and Sub Facial Challenge to ITO Doctrine of Severability +1 more

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Parties

Regina

Crown

Victor Junior James

Accused

Stephen Smith

Co Accused

Procedural Posture

Criminal / Voir Dire on S.8 Charter Application (pre Trial)

Legal Issues

  1. 1 Whether the information to obtain (ITO) provided reasonable grounds to believe evidence of taxi offences would be found in the accused's vehicle
  2. 2 Facial sufficiency of the ITO and impact of omitted details elicited in cross-examination
  3. 3 Whether the items sought were sufficiently distinctive to afford evidence of the offences

Ratio Decidendi

On the totality of the circumstances set out in the ITO, considered with the additional facts elicited on cross-examination, the issuing justice could have been satisfied there were reasonable grounds to believe many of the specified items would be found in the Toyota Camry; the warrant was therefore valid and there was no breach of s.8 of the Charter, so exclusion under s.24(2) was not decided.

Court Disposition

Application to exclude evidence dismissed; warrant authorizing search of vehicle upheld; no s.8 breach found

Orders

  • Warrant authorizing search of Victor James' Toyota Camry is valid and upheld
  • Application to exclude evidence seized during that search under s.24(2) of the Charter is dismissed (no exclusion ordered); s.24(2) analysis unnecessary given s.8 finding