Case information

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Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Canadian Charter of Rights and Freedoms – Search and Seizure – S. 8 of the Charter – Criminal law – General Warrant - Whether the Court of Appeal erred in finding that the general warrant was validly executed - Whether the Court of Appeal erred in finding that the general warrant was valid when it failed to state the technique or procedure being granted - Whether the Court of Appeal erred in considering the Crown’s amplification evidence that went well beyond technical drafting errors – Whether there are issues of public importance raised - Charter of Rights and Freedoms, s. 8.

The police found a car prowler in a vehicle. The police conducted a computer search and found that the vehicle’s registered owner was the applicant. The blackberry found on the prowler was also linked to the applicant. As the police searched the vehicle for registration documents, they found a loaded, unregistered handgun in the console. That led to an extensive investigation of the applicant, which in turn led to him being charged with numerous drug and weapons related offences. Following the applicant’s arrest, the police executed the general warrant to search one of the applicant’s apartments. There they found eight kilograms of cocaine, approximately $150,000 in cash, body armour and a handgun. The applications to exclude evidence or have proceedings stayed were dismissed. The trial judge held that there were no Charter violations established; therefore, convictions were entered. The Court of Appeal dismissed the appeal against conviction.