R. v. Gallant

R. v. Gallant

After excising agreed and unsupported material and applying limited amplifications disclosed at voir dire, the ITO as a whole contained reliable and relevant evidence from which the issuing judicial justice could reasonably have inferred on a credibly-based probability that evidence of possession for the purpose of...

Source-derived case information.

Citation
2023 BCSC 1696
Parties
Crown: Rex; Accused: Michael William Gallant; Accused: Melissa Anne Edwards
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 September 2023
Procedural Posture
Criminal (charter S.8; Search Warrant Challenge) / Voir Dire on Information to Obtain (pre Trial)
Outcome
Warrant upheld after facial and sub-facial review; no basis to exclude evidence under s.24(2) on voir dire
Legal Topics
Search Warrant Validity, Section 8 Charter, Confidential Informant Reliability, Information to Obtain (ito), Exclusion of Evidence S.24(2)
Source Language
english
Criminal Law Constitutional Law Search and Seizure Evidence Search Warrant Validity Section 8 Charter Confidential Informant Reliability Information to Obtain (ito) +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Rex

Crown

Michael William Gallant

Accused

Melissa Anne Edwards

Accused

Procedural Posture

Criminal (charter S.8; Search Warrant Challenge) / Voir Dire on Information to Obtain (pre Trial)

Legal Issues

  1. 1 Whether the ITO provided reasonable and probable grounds to believe an offence (possession for purpose of trafficking) had been committed
  2. 2 Whether the ITO provided reasonable and probable grounds to believe evidence of that offence would be found in the specified location (upper unit, 770 Brechin Road)
  3. 3 Facial validity of the ITO versus sub-facial defects (non-disclosure, misleading statements)

Ratio Decidendi

After excising agreed and unsupported material and applying limited amplifications disclosed at voir dire, the ITO as a whole contained reliable and relevant evidence from which the issuing judicial justice could reasonably have inferred on a credibly-based probability that evidence of possession for the purpose of trafficking would be found in the upper unit of 770 Brechin Road; accordingly the warrant is upheld on both facial and sub-facial review.

Court Disposition

Warrant upheld after facial and sub-facial review; no basis to exclude evidence under s.24(2) on voir dire

Orders

  • Search warrant upheld
  • Excision of paragraph 23(g)(i)(1) (20+ year conviction of registered vehicle owner)