R. v. Black

R. v. Black

Accused failed to prove on a balance of probabilities that RCMP or OSB conduct violated ss.7, 8 or 15 of the Charter; he lacked a personal reasonable expectation of privacy in the commercial records seized and the Informations supplied reasonable grounds for warrants, so searches were lawful and evidence need not be excluded; no basis for stay, contempt or other sanctions; motions dismissed.

Citation
2003 NSSC 54
Parties
Crown (respondent Upon Charter Motions): Her Majesty the Queen; Defendant (applicant Upon Charter Motions): Frederick William Logan Black
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
12 April 2002
Procedural Posture
Criminal Charter Motions / Charter Motions Hearing and Decision (motions Dismissed)
Outcome
Motions dismissed
Legal Topics
Section 7 Charter, Section 8 Charter (search and Seizure), Section 15 Charter (equality), Search Warrants and Informations to Obtain, Investigation Procedures (rcmp/osb), Exclusion of Evidence (s.24), Abuse of Process, Investigation Orders Under BIA
Source Language
English
Criminal Law Constitutional Law (charter) Bankruptcy and Insolvency Search and Seizure Law Administrative Law Section 7 Charter Section 8 Charter (search and Seizure) Section 15 Charter (equality) +5 more

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Parties

Her Majesty the Queen

Crown (respondent Upon Charter Motions)

Frederick William Logan Black

Defendant (applicant Upon Charter Motions)

Procedural Posture

Criminal Charter Motions / Charter Motions Hearing and Decision (motions Dismissed)

Legal Issues

  1. 1 Whether RCMP/OSB conduct violated s.7 of the Charter
  2. 2 Whether search warrants were obtained by knowingly false Informations and violated s.8
  3. 3 Whether accused had a reasonable expectation of privacy in business records seized

Ratio Decidendi

Accused failed to prove on a balance of probabilities that RCMP or OSB conduct violated ss.7, 8 or 15 of the Charter; he lacked a personal reasonable expectation of privacy in the commercial records seized and the Informations supplied reasonable grounds for warrants, so searches were lawful and evidence need not be excluded; no basis for stay, contempt or other sanctions; motions dismissed.

Court Disposition

Motions dismissed

Orders

  • Motions dismissed
  • No stay of proceedings