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The court dismissed two Charter voir dires, upholding a brief cell phone search incident to arrest and validating a general warrant for prohibited devices.
Given Mr. Lilly's serious violent convictions, his active role in planning and executing assaults including incidents while incarcerated, a substantial custodial disciplinary history indicating repeated violent conduct, and insufficiently sustained evidence of rehabilitative change, there are reasonable grounds under s.752.1(1) to believe he might be found to be a dangerous or long-term offender; an assessment order is warranted.
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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.
The production order of August 29, 2012 was properly granted: the reviewing judge, after amplification, found the affiant's statements were reasonably held at the time, omissions were not materially misleading, the three confidential sources provided sufficient corroboration and reliability, and there were reasonable grounds to believe the requested Telus records would afford evidence respecting the offence, so no excisions were required and the order stands.
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The Federal Court allowed judicial review, finding the officer reasonably held FLEC engaged in terrorism, but erred in treating the applicant’s limited support as membership.
Federal Court upheld Mr. Adil Charkaoui’s continued detention under the security-certificate regime, finding the ministers had reasonable grounds to see him as a security risk.
Because s.46.04(3) of the Immigration Act expressly grants an immigration officer authority to grant or refuse landing, the officer had jurisdiction to refuse landing without an adjudicator, and on the record the officer had reasonable grounds under paragraph 19(1)(j) to exclude the appellant; accordingly the appeal is dismissed.
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The Court of Appeal allowed the appeal and ordered a new trial limited to s. 32 of the Criminal Code, holding the trial judge misapplied the riot-force justification issue.
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