R. v. Teixeira

R. v. Teixeira

Applying the Grant framework the court assessed each impugned exhibit: where police misconduct was serious (failure to lawfully seize, failure to extend detention, warrantless searches, and failure to record data) and the impact on privacy was significant, evidence was excluded; where breaches were technical,...

Source-derived case information.

Citation
2024 BCSC 521
Parties
Crown/prosecution: Rex; Accused/defendant: Brandon Nathan Teixeira
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 March 2024
Procedural Posture
Criminal First Degree Murder and Attempted Murder / Pre Trial S.24(2) Exclusion Application (ruling)
Outcome
Partial exclusion under s.24(2): specified electronic evidence excluded; specified exhibits admitted subject to redactions and evidentiary rules
Legal Topics
Section 24(2) Charter Exclusion, Search and Seizure (s.8), Right to Counsel (s.10(b)), Detention of Exhibits (s.489/s.490), Form 5.2 Data Reporting, Discoverability, Abuse of Process, Vetrovec Witness Rules
Source Language
english
Criminal Law Constitutional Law Evidence Law Section 24(2) Charter Exclusion Search and Seizure (s.8) Right to Counsel (s.10(b)) Detention of Exhibits (s.489/s.490) Form 5.2 Data Reporting +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 16 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Rex

Crown/prosecution

Brandon Nathan Teixeira

Accused/defendant

Procedural Posture

Criminal First Degree Murder and Attempted Murder / Pre Trial S.24(2) Exclusion Application (ruling)

Legal Issues

  1. 1 Whether evidence obtained following multiple Charter breaches must be excluded under s.24(2)
  2. 2 Lawfulness of multiple seizures and searches of electronic devices (s.489/s.490)
  3. 3 Impact of failures to file Form 5.2 and to extend detention periods

Ratio Decidendi

Applying the Grant framework the court assessed each impugned exhibit: where police misconduct was serious (failure to lawfully seize, failure to extend detention, warrantless searches, and failure to record data) and the impact on privacy was significant, evidence was excluded; where breaches were technical, discovery was plausible, or evidence was highly probative in a murder prosecution and state conduct was at low end of culpability, evidence was admitted. Specifically, data and IMEI from Exhibit 123, Exhibit 122, Exhibit 129, Exhibit 135 and texts to/from the accused on third‑party devices were excluded; Exhibit 37, Exhibit 125 (and its box), Exhibit 134, the exterior IMEI of Exhibit...

Court Disposition

Partial exclusion under s.24(2): specified electronic evidence excluded; specified exhibits admitted subject to redactions and evidentiary rules

Orders

  • Admit: Exhibit 37 (victim's phone, including non-problematic deleted data), Exhibit 125 (Aquaris X/EncroChat device) and Exhibit 130 (its box and charger), Exhibit 134 (accordion folder), IMEI number on exterior of Exhibit 126, and Exhibits 138, 139, 140, 141, 143, 146, 147, 149, 181 and 185
  • Exclude: Exhibit 122 (tablet) in its entirety; Exhibit 123 (phone) data and IMEI; Exhibit 129 (phone) and any data extracted from it; Exhibit 135 (composition/coil binder); and any texts to or from the accused contained in Exhibit 120 or other electronic devices belonging to Mr. Provencher or Ms. Enright