Canada Case Law

Conteh v. Canada (Attorney General)

Court

Supreme Court of Nova Scotia

CSC's mid-hearing disclosure that a confidential informant had recanted material allegations relied upon for reclassification, when that recantation was known to CSC weeks before the hearing but withheld, breached procedural fairness by preventing the Court from properly assessing source reliability; the incomplete and untimely disclosure undermined deference to CSC and rendered the reclassification and transfer unreasonable and unlawful, warranting quashing of the decision and return to medium security.

Source excerpt

• Procedural fairness
• Security classification and reclassification
• Confidential informants
• Disclosure obligations
• Deprivation of residual liberty
• S.27 ccra

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R. v. Edwards

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed an appeal from drug-trafficking convictions, holding the search warrant was properly issued on corroborated confidential-informant evidence.

• Search warrant
• Reasonable and probable grounds
• Confidential informants
• Section 24(2) charter exclusions
• Possession for the purpose of trafficking
• Search-warrant

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R v Carvery

Court

Supreme Court of Nova Scotia

On the face of the ITO, taken in its totality, there was sufficient, corroborated, and credibility-based information from multiple confidential informants and police records such that a justice of the peace could have been satisfied there were reasonable and probable grounds to issue the search warrant; consequently the search was properly authorized and the Charter application is dismissed; alternatively, even if there were a s.8 breach, exclusion under s.24(2) is not warranted because the breach was not serious, police acted in good faith, and admitting the reliable and critical evidence is…

Source excerpt

• Search warrant sufficiency
• Confidential informants
• Section 8 charter (search and seizure)
• Section 24(2) charter (exclusion)
• Corroboration and reliability of ci information

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R. v. Cooper

Court

Supreme Court of Nova Scotia

On the totality of the circumstances the Information to Obtain provided reasonable and probable grounds to search 13 Kingsmere Court for firearms and ammunition; the night/no-knock and dynamic-entry authorization was justified by the risk posed by an armed suspect; the manner of execution (large tactical presence and limited use of CS gas) was reasonable and did not breach s.8; the post-search custody conditions did not meet the threshold for s.7 or s.12 breaches and did not warrant a stay of proceedings.

Source excerpt

• Sufficiency of information to obtain
• No-knock/night-time warrant
• Dynamic entry
• Use of less-lethal force (cs gas)
• Confidential informants
• Section 8 charter

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R. v. Cancela

Court

Supreme Court of British Columbia

The court upheld a drug-search warrant after excising an unsupported reference to corroboration by other police officers and finding the remaining ITO sufficient.

• Search warrant
• Confidential informants
• Corroboration
• Reasonable grounds
• Informant reliability
• Boilerplate drafting

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R. v. Chaisson

Court

Supreme Court of Nova Scotia

On the totality of the information in the ITOs — including confidential informant reports, police database checks (PROS, CPIC, JEIN), and corroboration between sources and police inquiries — a justice of the peace could reasonably have inferred there were credible and reliable grounds to issue the warrants; cross‑examination and disclosure did not reveal material falsehoods or deliberate omissions by the affiants, therefore both the facial and sub‑facial challenges fail and the warrants and seized evidence are lawful and admissible.

Source excerpt

• S.8 charter unreasonable search
• S.24(2) exclusion of evidence
• Search warrant validity
• Facial and sub‑facial ito challenges
• Confidential informants
• Information to obtain

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R. v. Ifesimeshone

Court

Court of Appeal for Ontario

The trial judge erred as a matter of law by misapprehending and misapplying the Debot factors and by effectively requiring direct corroboration of criminal activity; on the amplified record the issuing judge could reasonably have found the confidential sources' information to be compelling and sufficiently corroborated and a nexus to the Vaughan residence existed, so the warrants could have issued, the searches were lawfully authorized, there was no s.8 breach, and the acquittals were set aside with a new trial directed.

Source excerpt

• Search warrants
• Confidential informants
• Warrant review
• Reasonable and probable grounds
• Section 8 charter
• Section 24(2) exclusion

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R. v. Shirley

Court

Court of Appeal for Ontario

Although the trial judge correctly found a s.8 breach because the redacted ITO alone did not supply sufficient grounds, he did not err in refusing to exclude the evidence under s.24(2); applying the Grant factors, the Court of Appeal concluded the Crown acted responsibly and in good faith by providing a Crown summary, obtaining defence consent and preserving the sealed material for review, and admission of the evidence would not bring the administration of justice into disrepute, so the convictions stand.

Source excerpt

• Charter s.8
• Charter s.24(2) exclusion
• Tracking warrants (s.492.1)
• Transmission data recorder warrants (s.492.2)
• Confidential informants
• Garofoli step five/step six

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R. v. Fyfe

Court

Court of Appeal for Ontario

The Court upheld the trial judge: the warrantless arrest and search were supported by objectively reasonable grounds based on corroborated confidential informant information and surveillance viewed in totality, the trial judge's factual findings are entitled to deference, the fentanyl and related items were possessed for the purpose of trafficking given quantities, packaging and paraphernalia, and the sentence imposed was fit; therefore conviction and sentence appeals were dismissed.

Source excerpt

• Reasonable and probable grounds for arrest
• S.24(2) exclusion
• Confidential informants
• Possession for the purpose of trafficking
• Appeal standard of review

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R. v. Khamo

Court

Court of Appeal for Ontario

The Court concluded that where the Crown in related prosecutions concedes that the redacted ITO and judicial summaries are inadequate to permit meaningful challenge and cannot disclose more without compromising confidential informants, fairness requires a stay under s.24(1); materials from related proceedings may be admitted on appeal in the interest of justice, and therefore the convictions based on the challenged authorizations must be quashed and the prosecution stayed.

Source excerpt

• Communications interception
• Judicial authorization
• Garofoli motion
• Judicial summaries
• Redaction of ito
• Confidential informants

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