R. v. Davidson

R. v. Davidson

The I.T.O. contained sufficient reliable evidence and corroboration to permit a Justice of the Peace to issue a warrant (reasonable and probable grounds). However the telewarrant prerequisites under s.487.1 were not met because the affiant's stated impracticability was conclusory and unsupported, constituting an s.8 breach; balancing under Grant nevertheless requires admission of the seized evidence because the breach was not wilful or flagrant, the impact—though significant given entry into a dwelling—was not dispositive, and society's interest in adjudicating a serious drug offence favored inclusion.

Citation
2014 NSPC 42
Parties
Respondent: The Queen; Applicant: Chad Keith Davidson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
24 April 2014
Procedural Posture
Criminal / Section 24(2) Charter Application Following Garofoli Review of Search Warrant
Outcome
Applicant's s.24(2) application dismissed; seized evidence admitted despite finding s.8 breach for invalid telewarrant
Legal Topics
Telewarrant Impracticability, Sufficiency of Information to Obtain, Exclusion of Evidence Under Grant, Reasonable and Probable Grounds, Garofoli Review Standard
Source Language
English
Charter S.8 and S.24(2) Search and Seizure Criminal Code Telewarrant Procedure Controlled Drugs and Substances Act Telewarrant Impracticability Sufficiency of Information to Obtain Exclusion of Evidence Under Grant Reasonable and Probable Grounds +1 more

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Parties

The Queen

Respondent

Chad Keith Davidson

Applicant

Procedural Posture

Criminal / Section 24(2) Charter Application Following Garofoli Review of Search Warrant

Legal Issues

  1. 1 Whether the Information to Obtain provided reliable evidence to support issuance of the warrant (reasonable and probable grounds)
  2. 2 Whether the prerequisites for a telewarrant under s.487.1 were met (impracticability)
  3. 3 Whether evidence seized should be excluded under s.24(2) of the Charter applying Grant factors

Ratio Decidendi

The I.T.O. contained sufficient reliable evidence and corroboration to permit a Justice of the Peace to issue a warrant (reasonable and probable grounds). However the telewarrant prerequisites under s.487.1 were not met because the affiant's stated impracticability was conclusory and unsupported, constituting an s.8 breach; balancing under Grant nevertheless requires admission of the seized evidence because the breach was not wilful or flagrant, the impact—though significant given entry into a dwelling—was not dispositive, and society's interest in adjudicating a serious drug offence favored inclusion.

Court Disposition

Applicant's s.24(2) application dismissed; seized evidence admitted despite finding s.8 breach for invalid telewarrant

Orders

  • Telewarrant prerequisites under s.487.1 found not met
  • Application under section 24(2) of the Charter dismissed