R. v. Hayer

R. v. Hayer

Considering the ITO in its totality, the issuing justice could reasonably infer that the accused used and would usually carry the phone associated to -6574 (he himself called police from that number days before the warrant) and that tracking that phone would assist the murder investigation; therefore the tracking warrant met s.492.1(2) requirements and is valid.

Citation
2022 BCSC 1571
Parties
Crown: Regina; Accused: Munroop Singh Hayer; Co Accused: Jagpal Singh Hothi; Co Accused: Jordan Bottomley; Accused (accessory After the Fact): Mr. Basran
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 September 2022
Procedural Posture
Criminal First Degree Murder / Pre Trial Voir Dire on Facial Validity of Tracking Warrant (s.492.1(2) Challenge)
Outcome
Application dismissed; tracking warrant upheld
Legal Topics
Tracking Device Warrant, Search and Seizure, Reasonable Grounds, Section 492.1(2) Criminal Code, Production Order, Publication Ban S.486.5
Source Language
English
Criminal Law Constitutional Law Charter S.8 Procedural Law Warrants and Judicial Authorizations Tracking Device Warrant Search and Seizure Reasonable Grounds Section 492.1(2) Criminal Code Production Order +1 more

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Parties

Regina

Crown

Munroop Singh Hayer

Accused

Jagpal Singh Hothi

Co Accused

Jordan Bottomley

Co Accused

Mr. Basran

Accused (accessory After the Fact)

Procedural Posture

Criminal First Degree Murder / Pre Trial Voir Dire on Facial Validity of Tracking Warrant (s.492.1(2) Challenge)

Legal Issues

  1. 1 Whether the ITO established reasonable grounds that the phone associated to 250-854-6574 was a "thing usually carried or worn" by the accused
  2. 2 Whether tracking that phone would assist in the investigation of the murder
  3. 3 Whether the issuing justice could properly infer possession from a single call when considering the totality of the ITO

Ratio Decidendi

Considering the ITO in its totality, the issuing justice could reasonably infer that the accused used and would usually carry the phone associated to -6574 (he himself called police from that number days before the warrant) and that tracking that phone would assist the murder investigation; therefore the tracking warrant met s.492.1(2) requirements and is valid.

Court Disposition

Application dismissed; tracking warrant upheld

Orders

  • Applicant's challenge to the validity of the tracking warrant for phone number 250-854-6574 is dismissed
  • Tracking warrant remains valid