Canada Case Law

R. v. Ilia

Court

Court of Appeal for Ontario

The 2015 investigation information was properly available for consideration and, read in context, the information linking the IP address to the appellant and his mother provided reasonable and probable grounds for the warrants; the possibility of third‑party access was not a sufficiently weighty innocent alternative to negate those grounds, so the appeal is dismissed.

Source excerpt

• Search warrants
• Reasonable and probable grounds
• Information to obtain (ito)
• Amplification of ito
• Exclusion of evidence s.24(2)
• Third‑party internet access

Read case analysis

R. v. Bridgen

Court

British Columbia Court of Appeal

The Court of Appeal upheld a drug-trafficking conviction, finding the search warrant was supported by reasonable grounds and not vitiated by the possible existence of a second suite.

• Search warrant validity
• Reasonable and probable grounds
• Confidential informants
• Amplification of ito
• Material omissions and misleading information
• S.8 charter review

Read case analysis

R. v. Bishop

Court

Supreme Court of British Columbia

The court held the Telus production orders were invalid for material ITO defects, excluded Bishop’s records under s. 24(2), and admitted Brien’s subject to relevance.

• Production orders (s.487.012)
• Information to obtain
• Amplification of ito
• Section 8 charter (unreasonable search)
• Section 24(2) charter (exclusion)
• Vu (searches of computers/cellphones)

Read case analysis

R. v. Fan

Court

Supreme Court of British Columbia

The court upheld a search warrant after reviewing alleged ITO errors, finding the police had reliable, sufficiently localized evidence of a marijuana grow operation.

• Search warrant review
• Reasonable and probable grounds
• Informant reliability
• Localization of odour
• Amplification of ito
• Duty of full and frank disclosure

Read case analysis

R. v. Sipes

Court

Supreme Court of British Columbia

Court reviewed three search warrants for Manolakos’s residence, addressing reasonable grounds, amplification of ITOs, and simultaneous searches under s. 487.

• Search warrants
• Reasonable grounds
• Amplification of ito
• Simultaneous searches
• Criminal organization
• Money laundering

Read case analysis