R. v. Russell

R. v. Russell

The officers' attendance at the defendant's property was investigatory and not a clandestine search infringing s.8; the defendant's statement was voluntary and properly considered; the Information to Obtain contained sufficient, reliable grounds to justify the warrant; consequently the search warrant and seizure of the moose carcass were lawful and there was no basis under s.24(2) to exclude the evidence.

Citation
2002 NSPC 18
Parties
Crown: Her Majesty the Queen; Defendant: Eric Barnett Russell
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
17 May 2002
Procedural Posture
Criminal (wildlife/regulatory) / Pre Trial Charter Application Re: Exclusion of Evidence
Outcome
Charter application dismissed; search warrant upheld; seized evidence admissible
Legal Topics
Section 7 Charter, Section 8 Charter, Section 24(2) Charter, Search Warrants, Warrantless Entry, Voluntariness of Statement, Aboriginal Hunting Rights (metis)
Source Language
English
Constitutional Law Criminal Law Wildlife/natural Resources Law Administrative Law Indigenous Law Section 7 Charter Section 8 Charter Section 24(2) Charter +4 more

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Parties

Her Majesty the Queen

Crown

Eric Barnett Russell

Defendant

Procedural Posture

Criminal (wildlife/regulatory) / Pre Trial Charter Application Re: Exclusion of Evidence

Legal Issues

  1. 1 Whether officers' warrantless attendance/observation at defendant's residence constituted an unreasonable search contrary to s.8 Charter
  2. 2 Whether the Justice of the Peace improperly relied on information obtained during a warrantless entry when issuing the search warrant
  3. 3 Whether the statement attributed to the defendant was voluntary and engaged s.7 Charter protections against self-incrimination

Ratio Decidendi

The officers' attendance at the defendant's property was investigatory and not a clandestine search infringing s.8; the defendant's statement was voluntary and properly considered; the Information to Obtain contained sufficient, reliable grounds to justify the warrant; consequently the search warrant and seizure of the moose carcass were lawful and there was no basis under s.24(2) to exclude the evidence.

Court Disposition

Charter application dismissed; search warrant upheld; seized evidence admissible

Orders

  • Charter application dismissed
  • Search warrant issued October 13, 2001 upheld