R. v. Wong

R. v. Wong

The ITO failed to disclose any reliable, objectively assessable evidence linking the accused to the Riches BlackBerry and failed to disclose sufficient surveillance facts to support identification of the accused as the user of the 811 BlackBerry; because those links were necessary to establish reasonable and probable grounds that offence-related evidence would exist at the Downes Residence, the warrant was facially invalid and the subsequent search breached s.8 of the Charter.

Citation
2021 BCSC 1778
Parties
Crown/prosecution: Regina; Accused/defence: Khamla Wong (also known as Khamla Siharaj)
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 June 2021
Procedural Posture
Criminal / Voir Dire (motion to Set Aside Warrant) Oral Ruling
Outcome
Search warrant set aside; search found to be warrantless and to have breached s.8 of the Charter.
Legal Topics
Search Warrant Validity, Section 8 Charter (unreasonable Search and Seizure), Part 6 Wiretap Authorizations, Facial Validity of Information to Obtain, Identification Via Surveillance, Reliability of Affiant's Assertions
Source Language
English
Criminal Law Constitutional Law Evidence Law Search and Seizure Law Surveillance Law Search Warrant Validity Section 8 Charter (unreasonable Search and Seizure) Part 6 Wiretap Authorizations +3 more

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Parties

Regina

Crown/prosecution

Khamla Wong (also known as Khamla Siharaj)

Accused/defence

Procedural Posture

Criminal / Voir Dire (motion to Set Aside Warrant) Oral Ruling

Legal Issues

  1. 1 Whether the Information to Obtain (ITO) supplied reasonable and probable grounds linking the accused to the BlackBerry devices (811 and Riches)
  2. 2 Whether the warrant authorizing the search of 32699 Downes Road was facially valid
  3. 3 Whether the resulting search breached s.8 of the Charter

Ratio Decidendi

The ITO failed to disclose any reliable, objectively assessable evidence linking the accused to the Riches BlackBerry and failed to disclose sufficient surveillance facts to support identification of the accused as the user of the 811 BlackBerry; because those links were necessary to establish reasonable and probable grounds that offence-related evidence would exist at the Downes Residence, the warrant was facially invalid and the subsequent search breached s.8 of the Charter.

Court Disposition

Search warrant set aside; search found to be warrantless and to have breached s.8 of the Charter.

Orders

  • Search warrant for 32699 Downes Road, Abbotsford, BC is set aside
  • Finding that the search of the accused's home was warrantless and a breach of s.8 of the Canadian Charter of Rights and Freedoms