R. v. Lyon

R. v. Lyon

On the totality of the circumstances there was at least some reliable evidence that might reasonably be believed (detailed informant descriptions, police verification locating premises, corroborating high hydro consumption and other investigation) such that the Justice of the Peace could have issued the warrant; errors in the affidavit were inadvertent and excisable and did not establish a s.8 Charter breach, therefore the warrant is valid and the voir dire application is dismissed.

Citation
2002 BCSC 1212
Parties
Crown: Her Majesty the Queen; Accused: Gerald William Lyon; Accused: Margaret Jane Lyon
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 August 2002
Procedural Posture
Criminal / Voir Dire on S.8 Charter Challenge
Outcome
Application dismissed; no s.8 Charter breach found; search warrant upheld.
Legal Topics
Section 8 Charter, Section 24(2) Charter, Search Warrant Authorization, Informant Reliability, Prior Authorization Candour, Amplification and Excision
Source Language
English
Criminal Law Constitutional Law Search and Seizure Evidence Law Section 8 Charter Section 24(2) Charter Search Warrant Authorization Informant Reliability +2 more

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Parties

Her Majesty the Queen

Crown

Gerald William Lyon

Accused

Margaret Jane Lyon

Accused

Procedural Posture

Criminal / Voir Dire on S.8 Charter Challenge

Legal Issues

  1. 1 Whether the information in the affidavit provided a credibly‑based probability to authorize a search warrant
  2. 2 Whether informant tips (including anonymous/unknown reliability) were sufficiently corroborated
  3. 3 Whether errors or misstatements in the affidavit misled the Justice of the Peace such that the warrant must be quashed

Ratio Decidendi

On the totality of the circumstances there was at least some reliable evidence that might reasonably be believed (detailed informant descriptions, police verification locating premises, corroborating high hydro consumption and other investigation) such that the Justice of the Peace could have issued the warrant; errors in the affidavit were inadvertent and excisable and did not establish a s.8 Charter breach, therefore the warrant is valid and the voir dire application is dismissed.

Court Disposition

Application dismissed; no s.8 Charter breach found; search warrant upheld.

Orders

  • Application dismissed
  • No exclusion of evidence under s.24(2) as unnecessary