R. v. Schirmer

R. v. Schirmer

Considering the ITO as a whole, the issuing justice could reasonably find that items related to Schirmer's drug offence were likely to be in apartment 106 based on recent, corroborated information from confidential informants together with surveillance that observed Schirmer entering and exiting apartment 106, tenant records linking Turner to that apartment, and descriptive corroboration (Honda), so the CDSA search warrant was valid and must not be quashed.

Citation
2018 BCSC 2088
Parties
Crown: Regina; Accused: Horst Francisco Schirmer; Applicant/accused: John Macdonald Mclean Turner
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 September 2018
Procedural Posture
Criminal (controlled Drugs and Substances Act) / Pre Trial Voir Dire on Validity of Search Warrant
Outcome
Application to quash the search warrant dismissed.
Legal Topics
Search Warrant Validity, Reasonable Grounds, Confidential Informants, Surveillance Evidence, Section 8 Charter Challenge, Exclusion of Evidence
Source Language
English
Criminal Law Search and Seizure Controlled Drugs and Substances Act Charter Law Search Warrant Validity Reasonable Grounds Confidential Informants Surveillance Evidence +2 more

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Parties

Regina

Crown

Horst Francisco Schirmer

Accused

John Macdonald Mclean Turner

Applicant/accused

Procedural Posture

Criminal (controlled Drugs and Substances Act) / Pre Trial Voir Dire on Validity of Search Warrant

Legal Issues

  1. 1 Whether there were reasonable grounds to believe drugs or drug-related items were in apartment 106 - 2925 Qu'Appelle Street
  2. 2 Whether the Information to Obtain sufficiently connected Schirmer's alleged drug activity to Mr. Turner's apartment
  3. 3 Whether the information from confidential informants and surveillance was sufficiently reliable and corroborated

Ratio Decidendi

Considering the ITO as a whole, the issuing justice could reasonably find that items related to Schirmer's drug offence were likely to be in apartment 106 based on recent, corroborated information from confidential informants together with surveillance that observed Schirmer entering and exiting apartment 106, tenant records linking Turner to that apartment, and descriptive corroboration (Honda), so the CDSA search warrant was valid and must not be quashed.

Court Disposition

Application to quash the search warrant dismissed.

Orders

  • Application to quash the search warrant dismissed; the CDSA search warrant for apartment 106 - 2925 Qu'Appelle Street remains valid.