R. v. Saed

R. v. Saed

Applying the totality of the circumstances and established s.8 jurisprudence the court held that Howjeen Saed, Hemen Hewa Saed and Roger Alfredo Bardales Medina each have a (minimal) reasonable expectation of privacy in the subject matter of the searches at Homer Street (including the 10th floor hallway, CCTV and fob records) and thus have standing to challenge the authorizations; Vinod Kanna Aruldevarajan did not establish any connection or expectation of privacy and his application for standing is dismissed. The court rejected the proposition that mere membership in an alleged criminal organization automatically confers group standing, while allowing reliance on Crown theory only...

Citation
2024 BCSC 565
Parties
Crown: Rex; Accused: Howjeen Saed; Accused: Hemen Hewa Saed; Accused: Diego Maradona Saed; Accused: Vinod Kanna Aruldevarajan; Accused: Roger Alfredo Bardales Medina
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 April 2024
Procedural Posture
Criminal (charter S.8 Applications Re Search and Seizure) / Voir Dire — Standing (pre Trial)
Outcome
Application for standing granted in part: Howjeen Saed, Hemen Hewa Saed and Roger Alfredo Bardales Medina have standing; application of Vinod Kanna Aruldevarajan dismissed.
Legal Topics
Standing, Reasonable Expectation of Privacy, Production Orders, Search Warrants, Part VI Authorization, Excision, Charter S.8
Source Language
English
Criminal Law Constitutional Law Search and Seizure Procedural Law Evidence Standing Reasonable Expectation of Privacy Production Orders +4 more

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Parties

Rex

Crown

Howjeen Saed

Accused

Hemen Hewa Saed

Accused

Diego Maradona Saed

Accused

Vinod Kanna Aruldevarajan

Accused

Roger Alfredo Bardales Medina

Accused

Procedural Posture

Criminal (charter S.8 Applications Re Search and Seizure) / Voir Dire — Standing (pre Trial)

Legal Issues

  1. 1 Whether the accused have standing to challenge searches and seizures at 1221 Homer Street (Sites 17A, 17B, 18, 25H)
  2. 2 Whether alleged membership in a criminal organization confers group or 'global' standing to challenge searches of common areas or third‑party actions
  3. 3 Whether the applicants had a reasonable expectation of privacy in the 10th floor hallway, CCTV footage and fob records

Ratio Decidendi

Applying the totality of the circumstances and established s.8 jurisprudence the court held that Howjeen Saed, Hemen Hewa Saed and Roger Alfredo Bardales Medina each have a (minimal) reasonable expectation of privacy in the subject matter of the searches at Homer Street (including the 10th floor hallway, CCTV and fob records) and thus have standing to challenge the authorizations; Vinod Kanna Aruldevarajan did not establish any connection or expectation of privacy and his application for standing is dismissed. The court rejected the proposition that mere membership in an alleged criminal organization automatically confers group standing, while allowing reliance on Crown theory only...

Court Disposition

Application for standing granted in part: Howjeen Saed, Hemen Hewa Saed and Roger Alfredo Bardales Medina have standing; application of Vinod Kanna Aruldevarajan dismissed.

Orders

  • Howjeen Saed, Hemen Hewa Saed and Roger Alfredo Bardales Medina have standing to challenge the authorizations and evidence relating to Sites 17A, 17B, 18 and 25H at 1221 Homer Street
  • Application for standing by Vinod Kanna Aruldevarajan dismissed