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Ontario Court of Appeal set aside drug-trafficking convictions and ordered new trials after finding the trial judge erred on s. 8 standing, while upholding the verdict analysis.
The court dismissed Mr. Miller’s constitutional challenge and granted an unexplained wealth order under the Civil Forfeiture Act.
The court held that, after agreed excisions, the ITO did not justify search warrants for two suites linked to alleged drug trafficking, and found s. 8 Charter breaches.
The application for leave to appeal was not frivolous, but the applicant failed to demonstrate that continued detention is unnecessary in the public interest; given the seriousness of trafficking heroin mixed with fentanyl, the high enforceability interest, the prior unanimous dismissal by this Court, the low reviewability interest, and the remaining sentence, release would undermine public confidence and therefore bail pending leave is denied.
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The court acquitted Suk Won Seo of two break-and-enter charges, finding his explanation raised a reasonable doubt and the circumstantial case did not exclude other rational inferences.
The court refused leave to cross-examine the affiant on a wiretap authorization review, finding the defence had not shown a reasonable basis that it would affect Garofoli issues.
The court upheld a production order for historical text messages and billing records, finding a mistaken reference to another officer was not fatal and that sufficient grounds remained after excision.
British Columbia Court of Appeal held Mr. Caza had no reasonable expectation of privacy in ISP subscriber information obtained without a warrant and dismissed the appeal.
In the particular circumstances of a small 10-unit condominium where the respondent owned and lived in unit 302, the respondent had a reasonable expectation of privacy in the common areas; the police’s three surreptitious entries and hidden observation constituted searches that violated s.8; the evidence obtained thereby formed the basis for the search warrant and was constitutionally tainted; applying Grant the evidence was excluded under s.24(2); the Crown’s appeal is dismissed.
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The Court held that the reviewing judge reasonably concluded that, considering the totality of the circumstances and multiple corroborating factors (including surveillance and the subsequent events described by the informant), there was an evidentiary basis for issuing the general warrant and that the searches complied with s.8; the facial overbreadth complaint regarding computers was not considered because it was not raised at trial and no computers were searched.
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