R. v. Kadunic
2026 BCSC 720
Source excerpt
- Section 8 charter
- Transmission data recorder warrants
- Tracking warrants
- Reasonable grounds to suspect/believe
- Sub-facial challenge (ito excision)
- Excision and amplification
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R. v. Anthony and Trembley
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.
- Search warrant validity
- S.8 charter unreasonable search
- S.11 cdsa search warrants
- Garofoli standard of review
- Production orders and excisions
- Tracking warrants
R. v. Chang
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.
- Tracking warrants
- S.492.1(2) criminal code
- S.11 controlled drugs and substances act
- Informant corroboration
- Reasonable grounds for issuance of warrants
- Judicial review of warrants
R. v. Ellis
The Court dismissed the appeal because the trial judge properly applied the Grant factors and reasonably concluded the warrant breach was inadvertent and not serious, the privacy impact was minimal (limited to location tracking for a brief period), a valid warrant would have issued but for the drafting error, and therefore admission of the evidence did not bring the administration of justice into disrepute; further, the Crown's opening was permissible narrative evidence and not inadmissible hearsay, so no mistrial or limiting instruction was required.
Source excerpt
- Tracking warrants
- Cell phone location data
- Exclusion of evidence
- Investigative hearsay
- Opening statements
- Privacy rights
R. v. Cuthbert
The court upheld two tracking warrants and a general warrant, finding that the ITOs were sufficient on the totality of the evidence despite some weak paragraphs.
- Tracking warrants
- General warrant
- Reasonable suspicion
- Confidential informant pedigree
- Surveillance and counter-surveillance
- Information to obtain (ito) sufficiency
R. v. Whitton
The court dismissed a stay application, found no s. 7 breach from poor police note-taking, but held the warrantless arrest lacked reasonable grounds under s. 8.
- Stay of proceedings
- S.7 right to full answer and defence
- S.8 unreasonable search and seizure
- S.24(2) exclusion of evidence
- Police note‑taking
- Reasonable and probable grounds
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