R. v. Burgoyne

R. v. Burgoyne

The application was dismissed because the ITO contained sufficiently detailed and credible information from the informant (including admissions and specific descriptions of growing operations), corroboration by prior seizures and expert evidence about maturity dates, and the totality of these circumstances supplied reasonable and probable grounds such that the issuing justice properly authorized the search.

Citation
2018 NSPC 13
Parties
Crown: Her Majesty the Queen; Accused: Wanda Jane Burgoyne; Accused: Andrew Donald Veinot
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
10 May 2018
Procedural Posture
Criminal (controlled Drugs and Substances Act) / Pre Trial Application to Quash Search Warrant Under S.8 Charter Review
Outcome
Application to quash search warrant dismissed
Legal Topics
Search Warrant, Informant Reliability, Staleness of Information, Reasonable and Probable Grounds, S.8 Charter
Source Language
English
Criminal Law Constitutional Law Search and Seizure Controlled Substances Law Search Warrant Informant Reliability Staleness of Information Reasonable and Probable Grounds +1 more

Case Brief

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Parties

Her Majesty the Queen

Crown

Wanda Jane Burgoyne

Accused

Andrew Donald Veinot

Accused

Procedural Posture

Criminal (controlled Drugs and Substances Act) / Pre Trial Application to Quash Search Warrant Under S.8 Charter Review

Legal Issues

  1. 1 Whether the Information to Obtain provided reasonable and probable grounds to issue the search warrant
  2. 2 Whether information from a 14-year-old household member was sufficiently reliable
  3. 3 Whether the two-month interval rendered the information stale

Ratio Decidendi

The application was dismissed because the ITO contained sufficiently detailed and credible information from the informant (including admissions and specific descriptions of growing operations), corroboration by prior seizures and expert evidence about maturity dates, and the totality of these circumstances supplied reasonable and probable grounds such that the issuing justice properly authorized the search.

Court Disposition

Application to quash search warrant dismissed

Orders

  • Application to quash search warrant dismissed