R. v. Chaisson

R. v. Chaisson

The ITOs provided the issuing Justice of the Peace with reasonable and probable grounds to issue the search warrants; the accused failed to prove the confidential sources were the same as earlier sources or otherwise unreliable, so the warrants were valid and the application to exclude evidence under s.24(2) fails.

Source-derived case information.

Citation
2021 NSSC 123
Parties
Crown: Her Majesty the Queen; Accused: Gabriel George Chaisson
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
14 April 2021
Procedural Posture
Criminal (charter S.24(2) Application) / Decision on Review of Search Warrants
Outcome
Application dismissed
Legal Topics
Search Warrants, Reasonable and Probable Grounds, Charter S.24(2) Exclusion, Informant Reliability, Judicial Review of Issuing Justice
Source Language
english
Criminal Law Constitutional Law Search and Seizure Evidence Controlled Drugs and Substances Act Search Warrants Reasonable and Probable Grounds Charter S.24(2) Exclusion +2 more

Source-derived case record

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Parties

Her Majesty the Queen

Crown

Gabriel George Chaisson

Accused

Procedural Posture

Criminal (charter S.24(2) Application) / Decision on Review of Search Warrants

Legal Issues

  1. 1 Whether the informations to obtain (ITOs) contained reasonable and probable grounds to grant the search warrants
  2. 2 Whether evidence obtained should be excluded under s.24(2) of the Charter

Ratio Decidendi

The ITOs provided the issuing Justice of the Peace with reasonable and probable grounds to issue the search warrants; the accused failed to prove the confidential sources were the same as earlier sources or otherwise unreliable, so the warrants were valid and the application to exclude evidence under s.24(2) fails.

Court Disposition

Application dismissed

Orders

  • Application to challenge the search warrants dismissed
  • No exclusion ordered under s.24(2) of the Charter; search warrants upheld