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Criminal law 2020 BCSC 2173

R. v. Latimer

The court dismissed a facial validity challenge to a production order for jail call records, finding the ITO supported reasonable grounds and the order was not overbroad.

  • Facial validity of information to obtain
  • Production order for jail call records
  • Confidential informant reliability and corroboration
  • Tower-dump / call detail records
  • Minimal intrusion/incrementalism under s.8
  • Reasonable grounds standard
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Criminal law 2019 BCSC 1133

R. v. Drynock

The court upheld the accused’s arrest, the search incident to arrest, and two production orders, dismissing the defence applications to exclude evidence.

  • Arrest and detention
  • Search incident to arrest
  • Section 10(a) and 10(b) rights
  • Section 8 unreasonable search
  • Section 9 detention
  • Production orders under ss.487.014 and 487.018
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Criminal law 2018 BCSC 308

R. v. Perkins

The court dismissed an application to strike a production order after Garofoli disclosure added evidence linking the accused to trafficking and to a storage locker.

  • Production order
  • Reasonable grounds for belief
  • Information to obtain (ito)
  • Garofoli step 6 procedure
  • Informant reliability
  • Nexus to place (storage locker)
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Criminal law 2012 ONCA 857

R. v. Anand

Even assuming nondisclosure of the statutory declarations, the missing material would not have changed the result; the variance between invoice and quote was immaterial and there were reasonable grounds to trace funds via bank records; although seeking personal documents constituted a s.8 breach, the breach was not sufficiently serious and the evidence was reliable and minimally impairing of Charter interests so it was not excluded under s.24(2); the evidence at trial was overwhelming and convictions must be upheld.

  • Production order
  • Disclosure obligations
  • Statutory declarations
  • Section 8 charter
  • Section 24(2) charter
  • Exclusion of evidence
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Criminal law 2009 BCSC 1769

R. v. Sullivan

The court granted Anthony Sullivan an exemption from producing Telus records under s. 487.015 of the Criminal Code, finding it unreasonable to require him to produce what he did not control.

  • Exemption from production orders
  • Possession and control of documents
  • Corporate personhood under the criminal code
  • Interpretation of s.487.015
  • Production-orders
  • Criminal-code
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.