R. v. Martin

R. v. Martin

With constitutionally obtained material removed, the ITO did not establish reasonable and probable grounds required by s.487 and thus the warrant was issued in violation of s.8 of the Charter; consequently, the evidence seized under that warrant is excluded under s.24(2) and the charges are dismissed.

Citation
2013 NSPC 50
Parties
Crown: Her Majesty the Queen; Accused: Darren Martin; Amicus: Stephen Robertson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
21 June 2013
Procedural Posture
Criminal / Charter S.8 Motion (voir Dire) and Verdict; Post Motion Disposition
Outcome
Warrant held unconstitutional (s.8); seized evidence excluded (s.24(2)); charges dismissed and accused discharged
Legal Topics
Section 8 Charter, Section 24(2) Exclusion, Search Warrant (s.487 Criminal Code), Income Tax Act Procedures, Reasonable and Probable Grounds, Judicial Review of Warrant Issuance
Source Language
English
Charter Search and Seizure Tax Law Criminal Procedure Section 8 Charter Section 24(2) Exclusion Search Warrant (s.487 Criminal Code) Income Tax Act Procedures +2 more

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Parties

Her Majesty the Queen

Crown

Darren Martin

Accused

Stephen Robertson

Amicus

Procedural Posture

Criminal / Charter S.8 Motion (voir Dire) and Verdict; Post Motion Disposition

Legal Issues

  1. 1 Whether the s.487 search warrant was validly issued in compliance with s.8 of the Charter
  2. 2 Whether the information to obtain (ITO) contained sufficient reasonable and probable grounds absent material obtained unconstitutionally
  3. 3 Whether evidence seized pursuant to the warrant must be excluded under s.24(2) of the Charter

Ratio Decidendi

With constitutionally obtained material removed, the ITO did not establish reasonable and probable grounds required by s.487 and thus the warrant was issued in violation of s.8 of the Charter; consequently, the evidence seized under that warrant is excluded under s.24(2) and the charges are dismissed.

Court Disposition

Warrant held unconstitutional (s.8); seized evidence excluded (s.24(2)); charges dismissed and accused discharged

Orders

  • Any and all evidence seized as a result of the impugned information to obtain and warrant is excluded from evidence under s.24(2) of the Charter
  • The charges against Darren Martin are dismissed and he is discharged from this Court