R. v. Kim

R. v. Kim

On an objective assessment of the edited ITO read in its totality and applying established legal principles, there were reasonable and probable grounds to infer that Unit 1204 was associated with the Green Planet drug trafficking operation and that evidence of CDSA offences would likely be found there; therefore the issuing justice could have validly issued the warrant and the application fails.

Citation
2020 BCSC 1115
Parties
Crown: Regina; Accused: Billie Onare Kim; Accused: Kyle Stephen Latimer; Accused: Jacob Angelo Pereira
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 July 2020
Procedural Posture
Criminal Charter S.8 Application Challenging Facial Validity of Information to Obtain (search Warrant) / Voir Dire / Pre Trial Application to Quash Search Warrant (oral Reasons)
Outcome
Application dismissed; warrant for Unit 1204 upheld as facially valid
Legal Topics
Search Warrant Validity, Information to Obtain (ito), Reasonable and Probable Grounds, Stash Site Inference, Section 8 Charter Rights
Source Language
English
Criminal Law Constitutional Law Search and Seizure Controlled Drugs and Substances Act Investigations Criminal Procedure Search Warrant Validity Information to Obtain (ito) Reasonable and Probable Grounds +2 more

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Parties

Regina

Crown

Billie Onare Kim

Accused

Kyle Stephen Latimer

Accused

Jacob Angelo Pereira

Accused

Procedural Posture

Criminal Charter S.8 Application Challenging Facial Validity of Information to Obtain (search Warrant) / Voir Dire / Pre Trial Application to Quash Search Warrant (oral Reasons)

Legal Issues

  1. 1 Whether the ITO established reasonable and probable grounds linking Unit 1204 to the Green Planet drug trafficking operation
  2. 2 Whether there were reasonable grounds to believe a search of Unit 1204 would afford evidence of CDSA offences
  3. 3 Whether the issuing justice could have validly issued the warrant based on the ITO read in its totality

Ratio Decidendi

On an objective assessment of the edited ITO read in its totality and applying established legal principles, there were reasonable and probable grounds to infer that Unit 1204 was associated with the Green Planet drug trafficking operation and that evidence of CDSA offences would likely be found there; therefore the issuing justice could have validly issued the warrant and the application fails.

Court Disposition

Application dismissed; warrant for Unit 1204 upheld as facially valid

Orders

  • Application challenging facial validity of the Information to Obtain dismissed
  • Issuing justice could have been satisfied that reasonable and probable grounds existed to search Unit 1204