Supreme Court

Decision Information

Decision Content

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.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.