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The court acquitted James Cole Kennelly of firearms and cocaine possession charges, finding the Crown had not proved knowledge needed for constructive possession.
The Court of Appeal held that the respondent did not have an objectively reasonable expectation of privacy in video of him in the publicly accessible glass-walled vestibule recorded by condominium corporation cameras; the reviewing judge erred in excising the ITO material based on that finding; with the video evidence included the ITO, read as a whole, provided sufficient grounds to infer a fentanyl trafficking network at unit 2806 and the issuing judge could have been satisfied the general warrant was in the best interests of the administration of justice under s.487.01(1)(b); accordingly th…
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The Court of Appeal upheld a drug-trafficking conviction, finding the search warrant was supported by reasonable grounds and not vitiated by the possible existence of a second suite.
The appeal was dismissed because the police had reasonable and probable grounds to arrest based on reliable confidential informant information and corroborating facts, and prying open the locked metal container in the appellant's car was a lawful search incident to those arrests and did not breach s.8 of the Charter.
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The trial judge reasonably concluded that the specific and contextual similarities across five robberies permitted admission of similar fact evidence linked to the appellant, that the post‑offence text message was admissible given independent indicia of fabrication, that the limited excisions satisfied s.8 concerns and did not require broader exclusion, and that the 21‑month sentence was within a fit range; therefore the appeal is dismissed.
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The court held that Dean Wiwchar lacked standing to challenge CCTV footage and fob records from CP Towers because he had no reasonable expectation of privacy in them.
The court dismissed pre-trial challenges to a Montreal search warrant, finding the corrected information to obtain still supported reasonable grounds and seizure of electronic devices.
Any breach in the ITO was minor and technical; the trial judge properly exercised discretion under s.24(2) (Grant) by finding the breach made in good faith, low impact on privacy (reduced expectation in vehicles), and high reliability and centrality of the evidence; therefore the evidence was admissible and the appeal is dismissed.
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The sworn informations provided reliable evidence that might reasonably be believed by the issuing justice to establish reasonable grounds under s.487(1)(b) to authorize search and seizure of the appellant's medical records and, subsequently, blood samples; therefore the warrants were valid and the appeal was dismissed.
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The Court of Appeal upheld firearms and ammunition possession convictions, finding the warrant valid and the circumstantial evidence sufficient to prove possession.
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