R. v. Hayer

R. v. Hayer

The applicant failed to establish a reasonable basis that the manner of the searches was unreasonable or that an evidentiary voir dire would likely succeed; given the scope of the warrants for electronic devices and authorities recognizing devices may be secreted in diverse locations, the searches as executed were no more intrusive than reasonably necessary and the Vukelich threshold for further proceedings was not met.

Citation
2022 BCSC 690
Parties
Crown: Regina; Accused: Munroop Singh Hayer
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 April 2022
Procedural Posture
Criminal First Degree Murder / Pre Trial: Vukelich Threshold Application Re Manner of Search (charter S.8)
Outcome
Application dismissed (no evidentiary voir dire at this time) subject to leave to re-apply if further relevant information arises.
Legal Topics
Search Warrant Execution, Vukelich Threshold, Manner of Search, Section 8 Charter, Evidentiary Voir Dire
Source Language
English
Criminal Law Constitutional Law Search and Seizure Evidence Procedural Law Search Warrant Execution Vukelich Threshold Manner of Search +2 more

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Parties

Regina

Crown

Munroop Singh Hayer

Accused

Procedural Posture

Criminal First Degree Murder / Pre Trial: Vukelich Threshold Application Re Manner of Search (charter S.8)

Legal Issues

  1. 1 Whether the manner of execution of the search warrants at two residences breached s.8 of the Charter
  2. 2 Whether the applicant met the Vukelich threshold to justify an evidentiary voir dire on manner of search
  3. 3 Whether police searched areas that could not reasonably be expected to contain electronic devices and thus exceeded the scope of the warrants

Ratio Decidendi

The applicant failed to establish a reasonable basis that the manner of the searches was unreasonable or that an evidentiary voir dire would likely succeed; given the scope of the warrants for electronic devices and authorities recognizing devices may be secreted in diverse locations, the searches as executed were no more intrusive than reasonably necessary and the Vukelich threshold for further proceedings was not met.

Court Disposition

Application dismissed (no evidentiary voir dire at this time) subject to leave to re-apply if further relevant information arises.

Orders

  • Applicant's request for an evidentiary voir dire on manner of search is dismissed
  • Applicant granted leave to seek leave to re-visit this decision if further information relevant to the application is discovered