R. v. Gray

R. v. Gray

The Justice of the Peace could have been satisfied on the totality of the information in the ITO — reliable confidential informants giving contemporaneous information corroborated by police database checks and other neutral facts — such that reasonable and probable grounds existed to issue the CDSA s.11 warrant; therefore the warrant was valid and the section 8 Charter application is dismissed, with no need to address s.24(2).

Citation
2013 NSPC 85
Parties
Respondent (crown): Her Majesty the Queen; Applicant (accused): Michael George Gray
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
27 September 2013
Procedural Posture
Criminal Controlled Drugs and Substances Act (possession for the Purpose of Trafficking) / Charter Voir Dire Pre Trial Decision (section 8 Application)
Outcome
Charter application dismissed; search warrant upheld.
Legal Topics
Section 8 Charter, Section 24(2) Exclusion, Search Warrant (cdsa S.11), Informant Reliability, Corroboration, Reasonable Grounds, Probable Cause
Source Language
English
Criminal Law Constitutional Law Search and Seizure Evidence Section 8 Charter Section 24(2) Exclusion Search Warrant (cdsa S.11) Informant Reliability +3 more

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Parties

Her Majesty the Queen

Respondent (crown)

Michael George Gray

Applicant (accused)

Procedural Posture

Criminal Controlled Drugs and Substances Act (possession for the Purpose of Trafficking) / Charter Voir Dire Pre Trial Decision (section 8 Application)

Legal Issues

  1. 1 Whether the Information to Obtain provided reasonable and probable grounds to issue a CDSA s.11 search warrant for Apartment 604, 7 Horizon Court
  2. 2 Whether informant information was stale or too vague to establish reasonable grounds
  3. 3 Whether corroboration of the criminal aspect of the tip was required

Ratio Decidendi

The Justice of the Peace could have been satisfied on the totality of the information in the ITO — reliable confidential informants giving contemporaneous information corroborated by police database checks and other neutral facts — such that reasonable and probable grounds existed to issue the CDSA s.11 warrant; therefore the warrant was valid and the section 8 Charter application is dismissed, with no need to address s.24(2).

Court Disposition

Charter application dismissed; search warrant upheld.

Orders

  • Application dismissed; no order made on section 24(2) as it was unnecessary to address exclusion of evidence