R. v. Robart

R. v. Robart

On the totality of the circumstances before the issuing justice — including prior reliable informants, contemporaneous police surveillance and arrest evidence (large quantity of crack, bundled cash, money transfer, flight and false address) — there was reliable information that might reasonably be believed to support issuance of the search warrant; typographical errors and the short fax-to-issuance interval did not negate the basis for the authorization, therefore the warrant was valid and the application to quash was dismissed.

Citation
2015 NSSC 249
Parties
Crown: Her Majesty the Queen; Applicant/accused: Joan Robart
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
30 January 2015
Procedural Posture
Criminal Charter and Search Warrant Challenge / Pre Trial Application to Quash Search Warrant and S.24(2) Exclusion Motion
Outcome
Application to quash the search warrant dismissed; warrant upheld as valid
Legal Topics
Search Warrant Validity, Reasonable and Probable Grounds, Informant Reliability and Corroboration, Section 8 Charter, Section 24(2) Charter Exclusion of Evidence
Source Language
English
Criminal Law Constitutional Law Evidence Law Search and Seizure Law Search Warrant Validity Reasonable and Probable Grounds Informant Reliability and Corroboration Section 8 Charter +1 more

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Parties

Her Majesty the Queen

Crown

Joan Robart

Applicant/accused

Procedural Posture

Criminal Charter and Search Warrant Challenge / Pre Trial Application to Quash Search Warrant and S.24(2) Exclusion Motion

Legal Issues

  1. 1 Whether the Information to Obtain contained sufficient reliable information to establish reasonable and probable grounds to issue a search warrant
  2. 2 Whether typographical errors and a short interval between fax and issuance undermined the warrant's validity
  3. 3 Whether information from confidential informants constituted mere rumour or provided adequate corroboration

Ratio Decidendi

On the totality of the circumstances before the issuing justice — including prior reliable informants, contemporaneous police surveillance and arrest evidence (large quantity of crack, bundled cash, money transfer, flight and false address) — there was reliable information that might reasonably be believed to support issuance of the search warrant; typographical errors and the short fax-to-issuance interval did not negate the basis for the authorization, therefore the warrant was valid and the application to quash was dismissed.

Court Disposition

Application to quash the search warrant dismissed; warrant upheld as valid

Orders

  • Application to quash search warrant dismissed
  • Search warrant declared valid