R. v. Orr

R. v. Orr

The application to reopen the Vukelich hearing was dismissed because the alleged omissions or misstatements in the information to obtain were not of a kind or nature that could have misled the issuing justice or led to the warrant being set aside; even removing impugned material, sufficient information remained to support issuance of the warrant.

Citation
2018 BCSC 2473
Parties
Crown: Regina; Accused: Arlen Jeffrey Orr
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 January 2018
Procedural Posture
Criminal Application to Reopen Vukelich Hearing / Oral Ruling on Application to Reopen Voir Dire
Outcome
Application to reopen the Vukelich hearing dismissed
Legal Topics
Search Warrant Validity, Information to Obtain (affidavit), Vukelich Test, Voir Dire, Exclusion of Evidence, Misleading or Omitted Material in Affidavits
Source Language
English
Criminal Law Constitutional Law Search and Seizure Evidence Procedure Search Warrant Validity Information to Obtain (affidavit) Vukelich Test +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Regina

Crown

Arlen Jeffrey Orr

Accused

Procedural Posture

Criminal Application to Reopen Vukelich Hearing / Oral Ruling on Application to Reopen Voir Dire

Legal Issues

  1. 1 Whether the Vukelich hearing should be reopened to challenge the validity of the search warrant
  2. 2 Whether alleged omissions or misstatements in the information to obtain could have misled the issuing justice
  3. 3 Whether, after excising impugned portions, sufficient material remains to support the warrant

Ratio Decidendi

The application to reopen the Vukelich hearing was dismissed because the alleged omissions or misstatements in the information to obtain were not of a kind or nature that could have misled the issuing justice or led to the warrant being set aside; even removing impugned material, sufficient information remained to support issuance of the warrant.

Court Disposition

Application to reopen the Vukelich hearing dismissed

Orders

  • Application dismissed