R. v. Perkins

2018 BCSC 309 R. v. Perkins

IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: R. v. Perkins, 2018 BCSC 309 Date: 20180208 Docket: 65705 Registry: Chilliwack Regina v. Corey Jim Perkins Before: The Honourable Mr. Justice Ehrcke Oral Ruling on Voir Dire #3 re General Warrant for Storage Locker Counsel for the Crown: C. Fast O. Bick Counsel for the Accused: D. Markovitz Place and Date of Hearing: New Westminster, B.C. February 8, 2018 Place and Date of Judgment: New Westminster, B.C. February 8, 2018 [1] THE COURT: This will be very brief. The next application is an application by Mr. Perkins for a declaration that the general warrant for the storage locker issued December 12, 2014, should not have been granted. The basis for that warrant was an ITO of Cst. Davies affirmed December 12, 2014. Much of that ITO is identical to the December 10, 2014, ITO for the production order. [2] For reasons substantially the same as the reasons I delivered on February 7, 2014, in respect of the production order, I find that based on the redacted ITO in its present form, I can place no meaningful interpretation on the evidence from Source E, as set out in paragraph 43. [3] Looking at the remainder of the ITO, I find that although the case is very close to the line, the requisite standard has not been met on the issue of whether there were reasonable grounds for Cst. Davies' belief that Corey Perkins had committed a drug

offence. As this is one of the preconditions for issuing a general warrant, I find that, on the basis of the present materials, the general warrant for the storage locker cannot be sustained. [4] Because this first condition was an essential precondition, I do not find it necessary at this time to go on to a consideration of the other prerequisites for granting a general warrant. The Honourable Mr. Justice W.F. Ehrcke