Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
Ont. C.A. considered whether a mistaken-identity arrest was lawful, and whether drugs and a gun found on the appellant should be excluded under s. 24(2).
The court held that although there was an uninformed and therefore invalid consent to an on‑scene cursory viewing of the tablet (s.8 breach), the breach was of limited seriousness, the tablet had been voluntarily handed over, reasonable and probable grounds to arrest existed prior to viewing, the warrants (July 8 and August 11, 2022 ITOs) were valid after appropriate excisions and amplification, the forensic analyst’s discovery and reporting of items outside the date range did not amount to an unlawful sharing or warrantless search, and under the Grant balancing the tablet data and related ev…
Source excerpt
2026 BCSC 720
Source excerpt
On the totality of the Amended ITO — including two confidential informants whose prior reliability and corroboration were described, contemporaneous surveillance showing repeated short-duration visits consistent with trafficking, a neighbour's letter, a Crime Stoppers tip, prior police encounters placing the accused at the residence, and observations on September 17, 2020 of the accused entering with a key and individuals smoking a substance consistent with fentanyl — a issuing judicial justice of the peace could reasonably have found that reasonable and probable grounds existed to issue the…
Source excerpt
The court found Cpl. Long subjectively believed and objectively had reasonable and probable grounds to arrest the accused for trafficking based on multiple corroborating sources (confidential informants, Crime Stoppers tip, neighbour complaints), sustained surveillance showing short-duration visits consistent with drug trafficking, observed drug use from tinfoil/pipe, and evidence linking the accused to the residence (use of a key and change of clothes); the arrest was lawful. The brief delay in enabling contact with counsel (approximately 21 minutes from arrival at detachment to counsel cont…
Source excerpt
Leave to cross-examine was denied because, on the material and additional disclosure before the Court, the defence failed to show a reasonable likelihood that cross-examination would elicit probative evidence material to whether the authorizing judge could have issued the warrant; there was no basis to conclude the affiant relied on false information and the affiant was entitled to rely on the officer's notes; the proposed questioning amounted to a fishing expedition.
Source excerpt
The court granted further detention under ss. 490(9.1) and 490(3) until January 21, 2027 because the Seized Items and copied electronic data are objectively reasonably required for an ongoing complex investigation involving digital forensic processing, analyst review for CSAEM, firearms and counterfeit investigations and expert reports; the investigation's complexity and the interests of justice (including protection of a minor complainant and ensuring proper investigation and potential trial evidence) outweigh the Interested Party's property and privacy interests, and a sealing order under s…
Source excerpt
The Ontario Court of Appeal dismissed an appeal from firearms convictions, holding the search warrant challenge failed because the ITO and video evidence were not mischaracterized.
The Court of Appeal held that the accused should have been allowed to cross-examine the affiant about condominium-garage surveillance used to support the warrants, and ordered a new trial.
Ontario Court of Appeal held the vehicle search was lawful under the Cannabis Control Act, but a conceded s. 10(b) breach required a new trial.
Explore more
