R. v. Ciarniello, 2006 ONCA 29633

Case Summary

The appellant, a bystander not targeted by any police investigation, successfully applied to quash an Ontario search warrant that relied on information obtained in breach of a British Columbia non-dissemination agreement and misrepresented B.C. court proceedings. The application judge found a serious breach of the appellant's s. 8 Charter rights but refused to award costs, applying the traditional rule that costs in criminal proceedings require serious Crown misconduct. On appeal, the Court of Appeal held it had jurisdiction under s. 784(1) of the Criminal Code to hear the appeal. The Court further held that the traditional Crown misconduct rule does not apply with equal force to a bystander seeking a s. 24(1) Charter remedy. Given the appellant's vulnerability, the need to encourage the vindication of Charter rights, and the Crown's decision to staunchly resist the application despite warnings of the warrant's flaws, the Court awarded the appellant $20,000 in costs.