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Canada decisions
Decisions matching the current search
Facial challenge to a search-warrant ITO succeeded because the ITO did not provide a sufficient factual basis to support reasonable grounds under s. 487(1)(b).
The Court of Appeal upheld a forfeiture order over cash seized from Marcel Breton’s garage, rejecting issue estoppel and allowing a fresh s. 24(2) analysis.
Appeal dismissed in a drug and firearms case. The Court upheld the pre-trial handling of the search-warrant challenge, rejected Kienapple, and found the verdicts were not inconsistent.
The court held that, after agreed excisions, the ITO did not justify search warrants for two suites linked to alleged drug trafficking, and found s. 8 Charter breaches.
The court upheld a search warrant for a Nanaimo residence and truck, finding the ITO showed reasonable grounds linking them to alleged illegal fishing activity.
B.C. Court of Appeal denied leave to appeal from a MLAT sending order, holding the applicants had not shown a meritorious question of law on cross-examination, warrant validity, or transfer terms.
Court upheld a search warrant after facial and sub-facial review, finding the Information to Obtain supported reasonable grounds to search the upper unit at 770 Brechin Road.
The court dismissed a Vukelich application challenging a search-warrant ITO, holding that even after excision and proposed additions, the warrant could still issue.
On a voir dire, the court excluded cocaine and residence-search evidence after serious Charter breaches, including recording a detainee’s call to counsel, then dismissed all charges.
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.
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