Court of Appeal

Judge:

The Honourable Justice Joel E. Fichaud

Appeal Heard:

November 27, 2014, in Halifax, Nova Scotia

Subject:

Search warrants

Summary:

A justice of the peace issued a search warrant for Mr. Liberatore’s premises.  The Information to Obtain alleged the presence of illegal handguns and ammunition.  The search located drugs and a knife that opens by centrifugal force.  Mr. Liberatore was charged with narcotics and weapons offences. He challenged the basis for the search warrant.  The trial judge held that the Information to Obtain was sufficient and the seized evidence was admissible.  Mr. Liberatore was convicted.  Mr. Liberatore appealed to the Court of Appeal.

Issues:

Did the trial judge err in his ruling that the Information to Obtain sufficed for the search warrant?

Result:

The Court of Appeal dismissed the appeal.  The trial judge correctly ruled that the issuing justice of the peace, having recourse to the totality of the circumstances, could conclude that there were reasonable and probable grounds to establish a factual nexus between the offences for which the warrant was sought and the premises to be searched.