R. v. Bingley

R. v. Bingley

The warrant and underlying information to obtain were constitutionally insufficient to establish reasonable and probable grounds for entry into a private residence; the resulting search breached s.8 and, applying the Grant factors (seriousness of state conduct substantial, impact on accused significant, societal interest insufficient to outweigh breach), the court excluded the seized evidence and its fruits under s.24(2) and dismissed the charge.

Citation
2010 NSPC 72
Parties
Crown: Her Majesty the Queen; Accused: Janice Bingley
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
15 October 2010
Procedural Posture
Criminal Summary Offence Under Provincial Animal Cruelty Prevention Act / Voir Dire on Charter S.8 and S.24(2); Ruling and Dismissal
Outcome
Charge dismissed; evidence excluded
Legal Topics
Section 8 Charter Unreasonable Search and Seizure, Section 24(2) Charter Exclusion of Evidence, Warrant/information to Obtain Sufficiency, Expectation of Privacy, Fruit of the Poisonous Tree
Source Language
English
Constitutional Law Criminal Law Search and Seizure Animal Law Evidence Section 8 Charter Unreasonable Search and Seizure Section 24(2) Charter Exclusion of Evidence Warrant/information to Obtain Sufficiency +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 7 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Her Majesty the Queen

Crown

Janice Bingley

Accused

Procedural Posture

Criminal Summary Offence Under Provincial Animal Cruelty Prevention Act / Voir Dire on Charter S.8 and S.24(2); Ruling and Dismissal

Legal Issues

  1. 1 Whether the search of 1035 Lyons Lane engaged s.8 of the Charter
  2. 2 Whether the information to obtain/warrant contained reasonable and probable grounds
  3. 3 Whether amplification evidence could cure defects in the ITO

Ratio Decidendi

The warrant and underlying information to obtain were constitutionally insufficient to establish reasonable and probable grounds for entry into a private residence; the resulting search breached s.8 and, applying the Grant factors (seriousness of state conduct substantial, impact on accused significant, societal interest insufficient to outweigh breach), the court excluded the seized evidence and its fruits under s.24(2) and dismissed the charge.

Court Disposition

Charge dismissed; evidence excluded

Orders

  • All material seized pursuant to the October 16/19, 2009 warrant and any derivative evidence excluded from the Crown's case
  • The charge against Janice Bingley is dismissed