Provincial Court

                     IN THE PROVINCIAL COURT OF NOVA SCOTIA

                                 Citation:   R. v. Neveu, 2005 NSPC 51

                                                                                                     Date: 20051116

                                                                                                   Docket: 1401222

                                                                                                   Registry:  Halifax

Between:

                                             Her Majesty The Queen

                                                             v.

                                           Gabriel Luc Claude Neveu

                                                         LIBRARY HEADING

Judge:                            R. Brian Gibson, Associate Chief Judge

Heard:                            September 16, 2005, Dartmouth

Written Decision:  November 16, 2005

Subject:                          Section 8 Charter Application alleging that there were insufficient grounds to issue a search warrant.

Summary:                      The accused was charged with the offence of possessing child pornography on or about the 21^st day of January 2004 contrary to Section 163.1(4) of the Criminal Code of Canada.  A search warrant was sought and obtained on January 13^th, 2005 to search for and seize evidence pertaining to the investigation of the above-noted charge.  The Information to Obtain disclosed a credibly-based probability that the accused had while in Nova Scotia purchased website access to download child pornographic images during the months of June and July of 1999 through a website located at Dallas, Fort Worth, in Texas, the United States of America.

Issue:                            The issue to be determined was whether there was a credibly-based probability that the accused possessed child pornographic images on January 13^th, 2004 when the search warrant was issued or on January 21^st, 2004 when the search warrant was executed.

Result:                          The Court held, based upon the grounds disclosed in the Information to Obtain, that the issuing Justice could have concluded that there was a credibly-based probability that evidence sought to be seized in respect of the alleged offence would be found at the premises sought to be searched.  Therefore, no Section 8 Charter violation occurred.

THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION.  QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.