R. v. Steed

R. v. Steed

Omissions in the second ITO were an honest oversight and not deliberate; the confidential informant's tip met Debot criteria (sufficient detail, source of knowledge, indicia of reliability and corroboration); after adding the omitted information or excising improper material a reasonable justice of the peace could still have found reasonable grounds to issue the second warrant, therefore the warrant was validly issued and the evidence admissible; no s.8 breach requiring exclusion.

Citation
2020 NSSC 86
Parties
Crown: Her Majesty The Queen; Accused/applicant: Javon Dominick Steed
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
6 March 2020
Procedural Posture
Criminal Pre Trial Voir Dire Re Search Warrant / Decision on Voir Dire and Challenge to Warrant (facial and Sub‑facial)
Outcome
Second search warrant upheld; no section 8 Charter breach found; evidence recovered under the second warrant admissible
Legal Topics
Search Warrant Validity, Confidential Informant Reliability, Duty of Full and Frank Disclosure, Section 8 Charter, Residual Discretion to Quash Warrants, Editing/amplification of ITO
Source Language
English
Criminal Law Constitutional Law Evidence Search and Seizure Search Warrant Validity Confidential Informant Reliability Duty of Full and Frank Disclosure Section 8 Charter +2 more

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Parties

Her Majesty The Queen

Crown

Javon Dominick Steed

Accused/applicant

Procedural Posture

Criminal Pre Trial Voir Dire Re Search Warrant / Decision on Voir Dire and Challenge to Warrant (facial and Sub‑facial)

Legal Issues

  1. 1 Whether omissions in the second ITO required quashing the warrant under the Sismey doctrine to protect the prior authorization process
  2. 2 Whether the confidential informant's tip met Debot criteria (compelling, credible, corroborated) to support reasonable grounds
  3. 3 Whether, after correcting for omissions or excising improper material, reasonable grounds existed to authorize the second search (s.487 Criminal Code and s.8 Charter)

Ratio Decidendi

Omissions in the second ITO were an honest oversight and not deliberate; the confidential informant's tip met Debot criteria (sufficient detail, source of knowledge, indicia of reliability and corroboration); after adding the omitted information or excising improper material a reasonable justice of the peace could still have found reasonable grounds to issue the second warrant, therefore the warrant was validly issued and the evidence admissible; no s.8 breach requiring exclusion.

Court Disposition

Second search warrant upheld; no section 8 Charter breach found; evidence recovered under the second warrant admissible

Orders

  • Second search warrant (April 1, 2019) is not quashed
  • Evidence seized pursuant to the second warrant admitted at trial