Supreme Court of Nova Scotia
Citation: R. v. MacDonald, 2014 NSSC 218
Date: 20140625
Docket: Halifax No. 416973 and
417017
Registry: Halifax
Between:
Her Majesty the Queen
v.
Michael Victor MacDonald
Library Heading
Judge: The Honourable Justice Joshua M. Arnold
Heard: January 29, 2014 and February 28, 2014
in Halifax, Nova Scotia
Written
Decision: June 25, 2014
Subject: Unreasonable search and seizure; exclusion of evidence
Summary: Based on an Information to Obtain (“ITO”) sworn to by the police a search warrant was issued for a private dwelling. The search resulted in the seizure of drugs and money.
Issues: Was the ITO sufficient to support the issuing authority having granted/issued the search warrant? Was the search conducted in violation of s.8 of the Charter? Should the evidence be excluded in accordance with s.24(2) of the Charter?
Result: The ITO was carelessly and negligently drafted by the police. Certain paragraphs of the ITO were excised. Following amplification the ITO was found to be insufficient to support the issuing authority having granted the search warrant. The search warrant was not valid and the search was therefore unconstitutional and in violation of s.8 of the Charter. Following a Grant -type analysis, the evidence was excluded in accordance with s.24(2) of the Charter.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.