R. v. Drydgen

R. v. Drydgen

After excising the impugned portions of the ITO the remaining material (notably bank receipts found in garbage linking the Burnaby residence to the Lions Bay break‑in) provided sufficient reasonable and probable grounds such that the issuing justice could have validly authorized the search; police conduct did not meet the high threshold of being 'so subversive' as to warrant quashing the otherwise valid warrant, and no Charter breach or evidentiary prejudice from the traffic stop or Kessel interview was established, therefore the warrant stands and the evidence is admissible.

Citation
2017 BCSC 1855
Parties
Crown: Regina; Accused: Malcolm Jamel Eric Drydgen
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 June 2017
Procedural Posture
Criminal / Voir Dire (blended With Trial) on Search Warrant and Traffic Stop
Outcome
Search warrant upheld; residual discretion to quash not exercised; evidence obtained from the search admissible; no exclusion ordered for traffic stop evidence
Legal Topics
Search Warrant Validity, Residual Discretion to Quash Warrant, Traffic Stop Admissibility, Right to Silence, Material Non Disclosure in ITO, Witness Coaching/alleged Scripting
Source Language
English
Criminal Law Constitutional Law Search and Seizure Evidence Search Warrant Validity Residual Discretion to Quash Warrant Traffic Stop Admissibility Right to Silence +2 more

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Crown

Malcolm Jamel Eric Drydgen

Accused

Procedural Posture

Criminal / Voir Dire (blended With Trial) on Search Warrant and Traffic Stop

Legal Issues

  1. 1 Whether the search warrant issued under s.487 CC was properly authorized
  2. 2 Whether material non-disclosure or misleading statements in the ITO required quashing the warrant via residual discretion
  3. 3 Whether evidence obtained from a June 12, 2014 traffic stop is admissible

Ratio Decidendi

After excising the impugned portions of the ITO the remaining material (notably bank receipts found in garbage linking the Burnaby residence to the Lions Bay break‑in) provided sufficient reasonable and probable grounds such that the issuing justice could have validly authorized the search; police conduct did not meet the high threshold of being 'so subversive' as to warrant quashing the otherwise valid warrant, and no Charter breach or evidentiary prejudice from the traffic stop or Kessel interview was established, therefore the warrant stands and the evidence is admissible.

Court Disposition

Search warrant upheld; residual discretion to quash not exercised; evidence obtained from the search admissible; no exclusion ordered for traffic stop evidence

Orders

  • Search warrant validated and not set aside
  • Evidence derived from execution of the search warrant admitted