R. v. Goulart
Because the reviewing judge had access to the unredacted ITO and the judicial summary of redactions was not challenged, the reviewing judge could properly conclude the issuing justice had grounds to issue the warrant; therefore the convictions were upheld.
Source-derived case information.
- Citation
- 2019 ONCA 308
- Parties
- Respondent: Her Majesty the Queen; Appellant: Andrew Goulart
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 16 April 2019
- Procedural Posture
- Criminal / Appeal From Convictions and Sentence (conviction Appeal Proceeded; Sentence Appeal Not Pursued)
- Outcome
- Appeal from conviction dismissed; sentence appeal was not pursued by appellant
- Legal Topics
- Warrant Issuance, Judicial Review, Information to Obtain (ito) and Redactions, Possession for the Purpose of Trafficking, Possession of Proceeds of Crime
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Andrew Goulart
Appellant
Procedural Posture
Criminal / Appeal From Convictions and Sentence (conviction Appeal Proceeded; Sentence Appeal Not Pursued)
Legal Issues
- 1 Whether the issuing justice lawfully issued the warrant
- 2 Whether the information in the ITO and the judicial summary of redactions was sufficient to support the warrant
- 3 Standard of deference owed to the reviewing judge
Ratio Decidendi
Because the reviewing judge had access to the unredacted ITO and the judicial summary of redactions was not challenged, the reviewing judge could properly conclude the issuing justice had grounds to issue the warrant; therefore the convictions were upheld.
Court Disposition
Appeal from conviction dismissed; sentence appeal was not pursued by appellant
Orders
- Appeal from conviction dismissed
- No further order on sentence appeal as appellant did not proceed with it
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Goulart Collection Decisions of the Court of Appeal Date 2019-04-16 Neutral citation 2019 ONCA 308 Docket numbers C63776 Judges Juriansz, Russell G.; Watt, David; Harvison Young, Alison Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Goulart, 2019 ONCA 308 DATE: 20190416 DOCKET: C63776 Juriansz, Watt and Harvison Young JJ.A. BETWEEN Her Majesty the Queen Respondent and Andrew Goulart Appellant Andrew Menchynski, for the appellant Jennifer Conroy and Marina Elias, for the respondent Heard: April 15, 2019 On appeal from the convictions entered on April 24, 2017 and the sentence imposed on October 20, 2017 by Justice John B. McMahon of the Superior Court of Justice. APPEAL BOOK ENDORSEMENT [1] The appellant appeals his convictions and sentence for possession of cocaine for the purposes of trafficking and possession of the proceeds of crime. [2] On appeal he attacks the issuance of the warrant the execution of which resulted in the charges against him. [3] The decision of the reviewing judge is deserving of deference. She, like us, had the unredacted ITO before her. We note that the sufficiency of the judicial summary of the redactions was not attacked. [4] In our view the reviewing judge, on the basis of the record before her, could reach the conclusion that the issuing justice could issue the warrant. [5] The appeal from conviction is dismissed. [6] The appellant did not proceed with the sentence appeal indicated in his Notice of Appeal.