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Limited affiant cross-examination allowed on material warrant issues only.
The applicant, charged with drug production offences, sought leave to cross-examine the affiant on an information to obtain in advance of a s. 8 Charter challenge to a search warrant.
The court applied the governing test for leave to cross-examine an affiant and held that the moving party must show a reasonable likelihood that the proposed questioning will assist in determining a material issue.
Cross-examination was refused insofar as it would probe confidential informant details that risked identification and would not materially assist given corroboration already obtained.
Leave was granted on a limited basis regarding discrepancies between occurrence reports and the affidavit, and regarding the nature of the roadside vantage point from which the affiant said marijuana plants were observed.
Appeal of suspension and fine for positive horse drug test dismissed; penalty varied to trainer's licence.
Standardbred owner and trainer Peter Poulos appealed a one-year suspension and $5,000 fine imposed after his horse tested positive for caffeine and related substances.
The Ontario Racing Commission dismissed the appeal but varied the penalty, imposing a one-year suspension of his trainer's licence and upholding the $5,000 fine.
