R. v. Tremblett

R. v. Tremblett

On the facts and statutory context of a CDSA warrant, the phrase 'any time between February 4, 2011 and February 8, 2011' includes the date of issuance (February 4); execution on February 4 therefore complied with the warrant and did not violate s.8, and the court is not bound by counsel's concession of a Charter breach absent precedent or authority.

Citation
2012 NSPC 14
Parties
Crown: Her Majesty the Queen; Accused: Augustus Clarence Tremblett
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
26 February 2012
Procedural Posture
Criminal Controlled Drugs and Substances Act Charges / Voir Dire (pre Trial Determination of Charter S.8 and S.24 Issues)
Outcome
No s.8 Charter breach found; evidence admissible; court not bound by prior counsel agreement admitting a breach.
Legal Topics
S.8 Unreasonable Search, S.24(2) Exclusion of Evidence, Search Warrant Interpretation, Interpretation of 'between' Dates, Acceptance of Counsel Concessions
Source Language
English
Criminal Law Charter of Rights and Freedoms Search and Seizure Controlled Drugs and Substances Act S.8 Unreasonable Search S.24(2) Exclusion of Evidence Search Warrant Interpretation Interpretation of 'between' Dates +1 more

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Parties

Her Majesty the Queen

Crown

Augustus Clarence Tremblett

Accused

Procedural Posture

Criminal Controlled Drugs and Substances Act Charges / Voir Dire (pre Trial Determination of Charter S.8 and S.24 Issues)

Legal Issues

  1. 1 Is the court bound to accept counsel's agreement that a Charter breach occurred?
  2. 2 Does 'any time between [date] and [date]' authorize execution on the first (date of issuance)?
  3. 3 Was there a breach of s.8 of the Charter?

Ratio Decidendi

On the facts and statutory context of a CDSA warrant, the phrase 'any time between February 4, 2011 and February 8, 2011' includes the date of issuance (February 4); execution on February 4 therefore complied with the warrant and did not violate s.8, and the court is not bound by counsel's concession of a Charter breach absent precedent or authority.

Court Disposition

No s.8 Charter breach found; evidence admissible; court not bound by prior counsel agreement admitting a breach.

Orders

  • Evidence seized to be admitted at trial
  • Trial scheduled for February 23, 2012