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The court upheld a search warrant for a Nanaimo residence and truck, finding the ITO showed reasonable grounds linking them to alleged illegal fishing activity.
Certificación de acción colectiva por reclamaciones de negligencia y deber fiduciario contra organismos de Columbia Británica; las reclamaciones Charter fueron rechazadas.
The Court of Appeal upheld a drug-trafficking conviction, finding a warrantless commercial-vehicle search lawful and rejecting the mens rea challenge.
The court upheld a tracking warrant for a vehicle linked to a suspected methamphetamine investigation, finding the redacted ITO still met the reasonable suspicion standard.
Court of Appeal upheld a detention order in a bail review, holding that a blanket challenge to the Crown’s narrative did not require viva voce evidence and that detention was justified on public-safety grounds.
Blended voir dire in a murder prosecution: the court upheld voluntariness, found the arrest lawful, excluded the morning and April 2 statements, and admitted the March 30 evening interview.
The arrest and breathalyzer demand were supported by both subjective and objective reasonable and probable grounds (swerve, rolled down windows, odour of alcohol, glassy eyes, licence/plate irregularities); therefore there were no Charter breaches of ss.8, 9 or 10(a) that would justify exclusion under s.24(2); breathalyzer results were admissible and the accused is guilty of the charged offence(s).
Source excerpt
The Court concluded the Youth Court made an error of law by failing to apply the investigative detention framework (as clarified in R. v. Mann) and by failing to provide adequate reasons on a material element of the public mischief offence; accordingly the acquittals and the conviction were set aside and a new trial on all charges was ordered.
Source excerpt
The RCMP's failure to test, monitor and thereafter remedy the defective recording amounted to unacceptable negligence given the high relevance of the initial taped interview; the lost recording caused actual prejudice to the accused's s.7 right to make full answer and defence because there was no adequate substitute evidence, and therefore a stay of proceedings under s.24(1) of the Charter was warranted.
Source excerpt
The Federal Court dismissed Mr. Veley’s judicial review application as premature because he had not exhausted the inmate grievance process under the CCRA and Regulations.
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