R. v. Lachance

R. v. Lachance

The ITO failed to establish a credibly‑based probability that the diapers, wipes or other blood‑cleanup materials remained in the residence ten days after the injury; therefore the search violated s.8 and, after applying the Grant factors, exclusion under s.24(2) was required despite the evidentiary value of the seized items to preserve the administration of justice.

Citation
2018 NSPC 15
Parties
Crown: R.; Accused: Anne Lachance
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
23 May 2018
Procedural Posture
Criminal / Decision on Charter Application (search Warrant Challenge)
Outcome
Search warrant quashed; s.8 Charter violation found; evidence excluded under s.24(2)
Legal Topics
Unreasonable Search and Seizure, Section 8 Charter, Section 24(2) Exclusion, Search Warrant / Information to Obtain, Garofoli Challenge, Child Abuse
Source Language
English
Criminal Law Constitutional Law Evidence Unreasonable Search and Seizure Section 8 Charter Section 24(2) Exclusion Search Warrant / Information to Obtain Garofoli Challenge +1 more

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Parties

R.

Crown

Anne Lachance

Accused

Procedural Posture

Criminal / Decision on Charter Application (search Warrant Challenge)

Legal Issues

  1. 1 Whether the Information to Obtain established reasonable and probable grounds for a search warrant
  2. 2 Whether the search violated s.8 of the Charter
  3. 3 Whether evidence seized should be excluded under s.24(2) of the Charter using the Grant test

Ratio Decidendi

The ITO failed to establish a credibly‑based probability that the diapers, wipes or other blood‑cleanup materials remained in the residence ten days after the injury; therefore the search violated s.8 and, after applying the Grant factors, exclusion under s.24(2) was required despite the evidentiary value of the seized items to preserve the administration of justice.

Court Disposition

Search warrant quashed; s.8 Charter violation found; evidence excluded under s.24(2)

Orders

  • Search warrant quashed
  • Results of the search conducted at 15 Hemlock Drive, Elmsdale, NS on January 25, 2015 excluded under s.24(2) of the Charter