COURT OF APPEAL FOR ONTARIO
Doherty, Tulloch and Benotto JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Andrzej Markiewicz
Appellant
Counsel:
Richard Litkowski, for the appellant
Chris de Sa, for the respondent
Heard and released orally: June 5, 2014
On appeal from the conviction entered on June 8, 2012 by Justice Carey of the Superior Court of Justice.
ENDORSEMENT
1Despite counsel for the appellant’s able submissions, we are satisfied that there was some evidence in the ITO upon which the issuing Justice of the Peace, acting reasonably, could issue the warrant to search the residence.
2The details provided by the informant concerning the nature of the drug-related activities purportedly based on his own firsthand observations made the information provided compelling. The fact that the informant had proven reliable on several prior occasions gave his information credibility. Finally, the connection established independent of the informant between the car and the house provided some, albeit not much, confirmation of the accuracy of the information provided. In all of the circumstances, the trial judge did not err in holding that the warrant was properly granted. There was no s. 8 violation. We need not consider s. 24(2).
3The appeal is dismissed.
“Doherty J.A.”
“M. Tulloch J.A.”
“M.L. Benotto J.A.”
