R. v. McNair

R. v. McNair

On the material before the Justice of the Peace the Information to Obtain contained sufficiently detailed, personally-based information from Source A supported by similar information from Source B and corroboration of location such that a reasonable issuing judge could infer a high probability an offence occurred and evidence would be at the property; accordingly the JP's decision to issue the warrant was reasonable and must be upheld under the appropriate standard of deference, so no s.8 breach requiring exclusion was established.

Citation
2009 NSPC 31
Parties
Prosecution: Her Majesty the Queen; Defendant: George McNair; Defendant: Virginia McNair
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
25 June 2009
Procedural Posture
Criminal Controlled Drugs and Substances Act / Review of Issuance of Search Warrant and S.8 Charter Challenge
Outcome
Issuance of the search warrant upheld; application to exclude evidence under s.8 dismissed
Legal Topics
Section 8 Charter, Information to Obtain, Informant Reliability, Search Warrant Standard, Reviewing Judge Deference
Source Language
English
Constitutional Law Criminal Law Evidence Search and Seizure Section 8 Charter Information to Obtain Informant Reliability Search Warrant Standard +1 more

Case Brief

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Parties

Her Majesty the Queen

Prosecution

George McNair

Defendant

Virginia McNair

Defendant

Procedural Posture

Criminal Controlled Drugs and Substances Act / Review of Issuance of Search Warrant and S.8 Charter Challenge

Legal Issues

  1. 1 Whether the Information to Obtain disclosed sufficient grounds to support issuance of the search warrant
  2. 2 Whether the reliability of confidential informants was adequately established or corroborated
  3. 3 What standard and level of deference apply to a reviewing judge assessing a JP's issuance of a warrant

Ratio Decidendi

On the material before the Justice of the Peace the Information to Obtain contained sufficiently detailed, personally-based information from Source A supported by similar information from Source B and corroboration of location such that a reasonable issuing judge could infer a high probability an offence occurred and evidence would be at the property; accordingly the JP's decision to issue the warrant was reasonable and must be upheld under the appropriate standard of deference, so no s.8 breach requiring exclusion was established.

Court Disposition

Issuance of the search warrant upheld; application to exclude evidence under s.8 dismissed

Orders

  • Decision of the Justice of the Peace to issue the search warrant is upheld
  • Application by the accused to exclude the seized evidence is dismissed