R. v. Rapkin
Because the defence did not request review of the unredacted information, did not seek judicial summaries of redacted parts, and did not challenge the Crown's confidential informant claim, the case is indistinguishable from R. v. Blake and the appeal must be dismissed.
Source-derived case information.
- Citation
- 2010 ONCA 521
- Parties
- Respondent: Her Majesty the Queen; Appellant: Miles Rapkin
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 22 July 2010
- Procedural Posture
- Criminal / Appeal From Conviction (court of Appeal)
- Outcome
- Appeal dismissed.
- Legal Topics
- S.24(2) Charter Remedy, Search Warrant, Confidential Informant, Exclusion of Evidence, Judicial Review of Warrant Materials
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Miles Rapkin
Appellant
Procedural Posture
Criminal / Appeal From Conviction (court of Appeal)
Legal Issues
- 1 Whether the trial judge's refusal to review the unredacted information or to give the Crown an opportunity to justify the warrant deprived the appellant of an effective ability to challenge police conduct and vitiated the s.24(2) analysis
- 2 Whether this case is distinguishable from R. v. Blake
Ratio Decidendi
Because the defence did not request review of the unredacted information, did not seek judicial summaries of redacted parts, and did not challenge the Crown's confidential informant claim, the case is indistinguishable from R. v. Blake and the appeal must be dismissed.
Court Disposition
Appeal dismissed.
Orders
- Appeal dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Rapkin Collection Decisions of the Court of Appeal Date 2010-07-22 Neutral citation 2010 ONCA 521 Docket numbers C50152 Judges Doherty, David H.; Gillese, Eileen E.; Armstrong, Robert Patrick Subject Criminal Decision Content CITATION: R. v. Rapkin, 2010 ONCA 521 DATE: 20100721 DOCKET: C50152 COURT OF APPEAL FOR ONTARIO Doherty, Gillese and Armstrong JJ.A. BETWEEN Her Majesty the Queen Respondent and Miles Rapkin Appellant Gregory Lafontaine, for the appellant Bradley Reitz and M. Insanic, for the respondent Heard: July 19, 2010 On appeal from the conviction entered by Justice MacKenzie of the Superior Court of Justice dated March 2, 2009. APPEAL BOOK ENDORSEMENT [1] This case is controlled by R. v. Blake (2010), 251 C.C.C. (3d) 4 (Ont. C.A.). The suggestion that the appellant was somehow deprived of the opportunity to effectively challenge the propriety of the police conduct in obtaining the warrant by the trial judge’s failure to give the Crown an opportunity to show that the warrant was properly granted on the unredacted version of the information is not supported by the record. Nor did counsel raise this argument in his factum. [2] The defence did not request that the trial judge review the unredacted information in support of the s. 24(2) argument and did not request judicial summaries of the redacted parts of the information. Nor did the defence challenge the validity of the confidential informant claim advanced by the Crown. [3] In these circumstances, there is nothing to distinguish the case from Blake. The appeal is dismissed.