R. v. Leroux

R. v. Leroux

On the totality of the information — informant observations, surveillance, BC Hydro consumption records, officer expertise and odor detection — read down where necessary, the ITO established a credibly based probability of cultivation/possession for trafficking and the justice of the peace could validly issue the warrant; alternatively, even if the warrant were invalid, the s.24(2) analysis supports admitting the non‑conscriptive evidence because the officer did not intentionally or recklessly mislead, the irregularity was minor, and admission would not bring the administration of justice into disrepute.

Citation
2004 BCSC 1456
Parties
Crown: Regina; Accused: Louis Gerald Leroux
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 November 2004
Procedural Posture
Criminal / Judgment on Validity of Search Warrant, Voir Dire and S.24(2) Application
Outcome
Search warrant upheld as valid; evidence obtained on execution of the warrant admissible (would be admitted even if warrant invalid)
Legal Topics
Search Warrant Validity, Information to Obtain (ito), Reasonable and Probable Grounds / Credibly Based Probability, Exclusion of Evidence Under S.24(2)
Source Language
English
Criminal Law Search and Seizure Charter Law Evidence Search Warrant Validity Information to Obtain (ito) Reasonable and Probable Grounds / Credibly Based Probability Exclusion of Evidence Under S.24(2)

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Parties

Regina

Crown

Louis Gerald Leroux

Accused

Procedural Posture

Criminal / Judgment on Validity of Search Warrant, Voir Dire and S.24(2) Application

Legal Issues

  1. 1 Whether the ITO established a credibly based probability of the commission of an offence to support issuance of a search warrant
  2. 2 Whether the ITO was valid both facially and sub-facially given alleged discrepancies between officer's notes and ITO
  3. 3 Whether the evidence obtained should be excluded under s.24(2) of the Charter

Ratio Decidendi

On the totality of the information — informant observations, surveillance, BC Hydro consumption records, officer expertise and odor detection — read down where necessary, the ITO established a credibly based probability of cultivation/possession for trafficking and the justice of the peace could validly issue the warrant; alternatively, even if the warrant were invalid, the s.24(2) analysis supports admitting the non‑conscriptive evidence because the officer did not intentionally or recklessly mislead, the irregularity was minor, and admission would not bring the administration of justice into disrepute.

Court Disposition

Search warrant upheld as valid; evidence obtained on execution of the warrant admissible (would be admitted even if warrant invalid)

Orders

  • Search warrant validated by the court
  • Evidence obtained on execution of the search warrant admitted