R. v. Cater

R. v. Cater

The justice concluded that, on the totality of the authorized intercepts and contextual material in the ITO, a reasonable and probable inference could be drawn that references to 'Tracy' and the guarded language in the December 7 and December 28 calls referred to a firearm stored at 80 Cavendish; those reasonable inferences supplied sufficient grounds for the issuing Justice of the Peace to have validly authorized the search warrant, therefore the warrant is upheld and the seized firearms and ammunition are admissible.

Citation
2011 NSPC 99
Parties
Crown: Her Majesty The Queen; Accused: Kyle Cater; Accused: Paul Cater; Accused: Torina Lewis
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
20 December 2011
Procedural Posture
Criminal Section 8 Charter Application (warrant Validity) / Decision on Warrant Validity (pre Trial)
Outcome
Search warrant for 80 Cavendish Road upheld; seized firearms and ammunition admissible at trial
Legal Topics
Search Warrant Validity, Section 8 Charter, Section 24(2) Exclusion, Interception of Communications (part Vi), Reasonable and Probable Grounds
Source Language
English
Criminal Law Constitutional Law Search and Seizure Law Evidence Law Search Warrant Validity Section 8 Charter Section 24(2) Exclusion Interception of Communications (part Vi) +1 more

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Parties

Her Majesty The Queen

Crown

Kyle Cater

Accused

Paul Cater

Accused

Torina Lewis

Accused

Procedural Posture

Criminal Section 8 Charter Application (warrant Validity) / Decision on Warrant Validity (pre Trial)

Legal Issues

  1. 1 Whether the Information to Obtain (ITO) supplied reasonable and probable grounds to authorize a search warrant for 80 Cavendish Road
  2. 2 Whether intercepted communications provided sufficient and reasonable inferences that a firearm and ammunition were at 80 Cavendish
  3. 3 Whether police were required to conduct further corroborative investigation before seeking the warrant

Ratio Decidendi

The justice concluded that, on the totality of the authorized intercepts and contextual material in the ITO, a reasonable and probable inference could be drawn that references to 'Tracy' and the guarded language in the December 7 and December 28 calls referred to a firearm stored at 80 Cavendish; those reasonable inferences supplied sufficient grounds for the issuing Justice of the Peace to have validly authorized the search warrant, therefore the warrant is upheld and the seized firearms and ammunition are admissible.

Court Disposition

Search warrant for 80 Cavendish Road upheld; seized firearms and ammunition admissible at trial

Orders

  • Warrant validated
  • Three firearms and associated ammunition seized from 80 Cavendish Road admitted as evidence at trial