Case information

Charter of Rights and Freedoms — Search and seizure — Review of decision to issue search warrant — Evidence — Expert opinion — Verdict — Curative proviso — Test to determine whether Information to Obtain Search Warrant contained sufficient evidence to justify issuing search warrant — Whether reviewing court should unilaterally amplify Information to Obtain by imbuing it with meaning not on its face — Whether reviewing judge erred by curtailing cross-examination of proposed Crown expert witness during voir dire to determine admissibility of evidence — Whether verdict is unreasonable and cannot be supported by the evidence?

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.

Based on tips from two confidential informants, police obtained a warrant and searched Mr. Bissky’s residence. The police siezed approximately 105 grams of cocaine in plastic bags and evidence of consumption of cocaine. Mr. Bissky brought an application to exclude the evidence, arguing that a warrant should not have been issued and the search breached s. 8 of the Charter. The trial judge admitted the evidence. A voir dire was held to determine whether to admit the opinion evidence of a proposed expert witness for the Crown that the quantity of cocaine found and the way it was packaged indicated trafficking. Defence counsel cross-examined the proposed witness but the trial judge limited the cross-examination. The opinion evidence was admitted. Mr. Bissky was convicted of trafficking in cocaine. The Court of Appeal dismissed an appeal.