Court of Appeal for Ontario
Before: Laskin, LaForme and Epstein JJ.A.
Between:
Her Majesty the Queen Respondent
and
Margaret Kim Appellant
Counsel: Paul Calarco, for the appellant Catrina Braid, for the respondent
Heard: April 29, 2013
On appeal from the conviction entered on July 4, 2012 and the sentence imposed on September 7, 2012 by Justice Lauren E. Marshall of the Ontario Court of Justice.
APPEAL BOOK ENDORSEMENT
1If the trial judge found a breach of s. 8, we disagree with her findings. The trial judge found that the officers acted in good faith, and that appendix B was an oversight made in the context of a large scale investigation involving a number of search warrants. We agree with the Crown that this is an appropriate case for judicial editing, and excising the erroneous information. After doing so, the rest of the warrant can stand on its own and is valid. Thus, there is no breach of s. 8. In any case, the trial judge’s conclusion that the evidence was admissible, is unassailable.
2On sentence, the trial judge considered a conditional sentence and concluded that it was not appropriate. She did not err in her conclusion. This was not one of those rare cases where a conditional sentence for a large scale commercial grow operation can be justified.
3The appeal on conviction and sentence is dismissed.