R. v. Rapkin, 2010 ONCA 521
COURT OF APPEAL FOR ONTARIO
Doherty, Gillese and Armstrong JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Miles Rapkin
Appellant
Counsel:
Gregory Lafontaine, for the appellant
Bradley Reitz and M. Insanic, for the respondent
Heard: July 19, 2010
On appeal from the conviction entered by Justice MacKenzie of the Superior Court of Justice dated March 2, 2009.
APPEAL BOOK ENDORSEMENT
1This case is controlled by R. v. Blake (2010), 2010 ONCA 1, 251 C.C.C. (3d) 4 (Ont. C.A.). The suggestion that the appellant was somehow deprived of the opportunity to effectively challenge the propriety of the police conduct in obtaining the warrant by the trial judge’s failure to give the Crown an opportunity to show that the warrant was properly granted on the unredacted version of the information is not supported by the record. Nor did counsel raise this argument in his factum.
2The defence did not request that the trial judge review the unredacted information in support of the s. 24(2) argument and did not request judicial summaries of the redacted parts of the information. Nor did the defence challenge the validity of the confidential informant claim advanced by the Crown.
3In these circumstances, there is nothing to distinguish the case from Blake. The appeal is dismissed.