SUPREME COURT OF NOVA SCOTIA
Citation: R. v. Fougere, 2010 NSSC 169
Date: 20100422
Docket: PtH No. 322062
Registry: Port Hawkesbury
Between:
Her Majesty the Queen
v.
William Rodney Fougere
LIBRARY HEADING
Judge: The Honourable Justice Frank Edwards
Heard: April 20 & 22, 2010, in Port Hawkesbury, Nova Scotia
Written
Decision: April 27, 2010
Subject: Criminal Law; Charter S. 8; search and seizure; grounds for granting search warrant.
Facts: Police had obtained search warrant on tip from confidential informant that the Accused was growing marijuana in his backyard.
Issue: Whether the Information to Obtain contained sufficient information for the issuing justice to infer reasonable and probable grounds.
Result: Warrant appropriately issued. Each case must be assessed according to the totality of the circumstances present. Here, the issuing justice had sufficient evidence to enable him to readily infer the requisite reasonable and probable grounds. Limits of “amplification evidence” on voir dire considered.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.