Supreme Court of Nova Scotia
Citation: R. v. Leggette, 2015 NSSC 112
Date: 20150415
Docket: CRH No. 430128
Registry: Halifax
Between:
Her Majesty the Queen
v.
Blake William David Leggette and
Victoria Lea Henneberry
Library Heading
Restriction on Publication: Pursuant to Sections 645(5) and 648(1) & (2) of the
Criminal Code of Canada
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Judge: |
The Honourable Justice Joshua M. Arnold |
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Heard: |
January 19 & 20, February 25, 2015, Halifax, Nova Scotia |
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Written Decision: |
April 15, 2015 |
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Subject: |
Admissibility of documents seized from accused’s prison cell. |
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Summary: |
Accused agreed to write details of his crime to provide to his cellmate, who was writing a book about his prison experiences. During the course of a general prison search for a weapon the writings were found in a tube of similar size and shape as the weapon. Writings addressed to cellmate. Accused claiming solicitor-client privilege and Charter violations relating to the search. |
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Issues:
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Were the writings protected by solicitor-client privilege? Were there violations of s. 7, 8 and 11(d) of the Charter and, if so, should the evidence be excluded under s. 24(2)? |
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Result: |
Documents found to be part of a book draft, not for a lawyer and not solicitor/client privileged. No Charter violation as search conducted according to Corrections Act and reduced expectation of privacy in prison cell.
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THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.