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
The Ontario Court of Appeal dismissed Jesse Eganâs appeal from a conviction for possession of fentanyl for trafficking, upholding the vehicle warrant and refusal to allow cross-examination of the affiant.
The court dismissed challenges to a cellphone tracking warrant and a residential search warrant, finding credible grounds based on jail calls, surveillance, and corroborated informant information.
On the totality of the circumstances the ITO provided reliable evidence that could reasonably be believed by the issuing justice: the CI was sufficiently credible, the tip was sufficiently compelling, and independent corroboration (unit occupancy, alias match, property manager's traffic report, and a recent overdose with drug paraphernalia) removed the possibility of innocent coincidence; therefore the warrant could have been issued and the appeal is dismissed.
Source excerpt
The Court upheld the trial judge's finding that the totality of information known to police â a detailed firstâhand confidential informant report combined with CPIC/RMS corroboration (nickname, prior trafficking convictions), surveillance placing appellant at flagged locations and short stops consistent with drug activity â satisfied objective reasonable and probable grounds for arrest; the resulting vehicle search was lawful; and because the evidentiary record did not support the claim police placed sunglasses in the satchel and the issue was not central at trial, no specific jury instructioâŚ
Source excerpt
The court allowed the voir dire, held the search warrant invalid, and found a s. 8 Charter breach after excising misleading and incomplete parts of the ITO.
The court dismissed a Charter challenge to production order PO 2930, holding the information to obtain was sufficient and no s. 8 breach was shown.
En una voir dire por posesiĂłn con fines de trĂĄfico, la Corte concluyĂł que no hubo violaciĂłn de la Carta y admitiĂł la evidencia obtenida en el allanamiento.
Explore more
