Provincial Court

Decision Information

Decision Content

                     IN THE PROVINCIAL COURT OF NOVA SCOTIA

                                Citation: R. v. Messervey, 2004NSPC58

 R. v. Ryan, 2004NSPC58

 

                                                                                                     Date: 20040531

                                                                                             Docket: 1262639-644

          1262647-653

          1262656-657

                                                                                                 Registry: Kentville

Between:

                                              Her Majesty the Queen

                                                                                                                            

                                                             v.

 

                                            Arnold Clifton Messervey

 

and between:                  

Her Majesty the Queen

 

   v.

 

Claudine Veronica Ryan

                                                                                                                            

 

                                                         LIBRARY HEADING

 

 

Judge:                            The Honourable Judge Alan T. Tufts

 

Heard:                            March 8, 2004; April 6, 2004; April 19, 2004 (view); May 18, 2004 in Windsor, on location and in Kentville, Nova Scotia

 

Subject:                          5(2) & 7(1) Controlled Drugs and Substances Act

355 & 86(1) Criminal Code of Canada

Admissibility of seizures made during search of                                 accused residence

Accuseds' motion for exclusion of seized items

 


Summary:                       The allegations against both accused relate generally to items of stolen property and guns that were found at a residence and with respect to certain drugs and evidence of or allegations of a marihuana grow operation at the same residence. 

 

The Crown concedes that there are in fact two residences; that the search warrant under which the police were conducting the search applied to that of  one accused and not the other.  The Crown conceded that the search of the residence of Ryan constituted a breach of her s. 8 Charter rights.

 

Issue:                            Whether the evidence of the seizure should be excluded pursuant to s. 24(2) of the Charter

 

Result:                          No evidence to connect Ryan to Messervey .  They were not a couple.  They do not share living arrangements other than what was necessary for Ryan to care for Mr. Messervey's father.  She announced during the police search that they were entering her side

 

The expectation of privacy in one's own residence is obvious and high.  Search was obtrusive in that police entered the accused's bedroom and other private areas of the home.   Breach is serious.  Not satisfied that seriousness of the offences charged and the critical nature of the evidence to the Crown's case outweighs the seriousness of the Charter violation, notwithstanding that trial fairness is not affected.

 

Evidence of seizures are excluded relative to accused Ryan only.

 

 

 

 

 

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