R. v. Hunter

R. v. Hunter

The warrant was subfacially valid because, when the ITO is considered in its totality and as amplified on the voir dire, there remained sufficient reliable and corroborated informant and surveillance information linking the accused and the residence to large-scale drug activity and cash; the identified drafting errors and minor inaccuracies did not amount to material non-disclosure or fraud and did not render the search unreasonable under s.8.

Citation
2014 BCSC 1491
Parties
Crown: Regina; Accused: Shae Alexander Hunter
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
24 January 2014
Procedural Posture
Criminal Possession of Controlled Substances / Voir Dire on Validity of Search Warrant (subfacial Challenge)
Outcome
Voir dire dismissed; search warrant upheld; no breach of section 8 of the Charter found.
Legal Topics
Search Warrant Validity, Confidential Informants, Corroboration, Non Disclosure, Telewarrant
Source Language
English
Charter S.8 Search and Seizure Criminal Law Evidence Search Warrant Validity Confidential Informants Corroboration Non Disclosure +1 more

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Parties

Regina

Crown

Shae Alexander Hunter

Accused

Procedural Posture

Criminal Possession of Controlled Substances / Voir Dire on Validity of Search Warrant (subfacial Challenge)

Legal Issues

  1. 1 Whether the telewarrant/search warrant was facially and subfacially valid
  2. 2 Whether the accused's s.8 Charter right against unreasonable search and seizure was breached
  3. 3 Whether there was material non-disclosure, fraud, or misleading information in the Information to Obtain (ITO)

Ratio Decidendi

The warrant was subfacially valid because, when the ITO is considered in its totality and as amplified on the voir dire, there remained sufficient reliable and corroborated informant and surveillance information linking the accused and the residence to large-scale drug activity and cash; the identified drafting errors and minor inaccuracies did not amount to material non-disclosure or fraud and did not render the search unreasonable under s.8.

Court Disposition

Voir dire dismissed; search warrant upheld; no breach of section 8 of the Charter found.