R. v. Vu

R. v. Vu

Leave granted for a limited cross-examination of Mr. Daniel and Constable Nelson restricted to what instructions or understandings Mr. Daniel had from police about entering the unit and taking photographs and what he told police on exit, because police had no independent knowledge apart from Daniel's information and the proposed cross-examination was likely to materially assist the court in assessing the validity of the ITO under the Garofoli/Pires/Wilson framework.

Citation
2014 BCSC 369
Parties
Crown: Regina; Accused: Quoc Huy Vu
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 March 2014
Procedural Posture
Criminal Controlled Drugs and Substances Act Offences / Voir Dire Application
Outcome
Leave granted for limited cross-examination of the informant (Mr. Daniel) and the affiant (Constable Nelson).
Legal Topics
Search Warrant Validity, Police Agents, Informant Cross Examination, Residential Tenancy Act Entry Rights, Expectation of Privacy, Information to Obtain
Source Language
English
Criminal Law Search and Seizure Evidence Police Procedure Landlord Tenant Law Search Warrant Validity Police Agents Informant Cross Examination +3 more

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Parties

Regina

Crown

Quoc Huy Vu

Accused

Procedural Posture

Criminal Controlled Drugs and Substances Act Offences / Voir Dire Application

Legal Issues

  1. 1 Whether the search warrant based on the Information to Obtain (ITO) was valid
  2. 2 Whether Mr. Daniel acted as a police agent when he entered the rented suite and took photographs
  3. 3 Whether police induced or authorized entry contrary to the Residential Tenancy Act

Ratio Decidendi

Leave granted for a limited cross-examination of Mr. Daniel and Constable Nelson restricted to what instructions or understandings Mr. Daniel had from police about entering the unit and taking photographs and what he told police on exit, because police had no independent knowledge apart from Daniel's information and the proposed cross-examination was likely to materially assist the court in assessing the validity of the ITO under the Garofoli/Pires/Wilson framework.

Court Disposition

Leave granted for limited cross-examination of the informant (Mr. Daniel) and the affiant (Constable Nelson).

Orders

  • Defence is permitted limited cross-examination of Mr. Daniel and Cst. Nelson regarding instructions given to Mr. Daniel, Mr. Daniel's understanding of any police instructions, his entry into the suite, his taking of photographs and statements made to police on exit and immediately prior to giving his statement.
  • Cross-examination shall be strictly limited to Mr. Daniel's contact with police at the suite and immediately prior to his giving of his statement.