R. v. Rapkin, 2010 ONCA 521

CITATION: R. v. Rapkin, 2010 ONCA 521

DATE: 20100721

DOCKET: C50152

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

[1] This 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.

[2] The 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.

[3] In these circumstances, there is nothing to distinguish the case from Blake. The appeal is dismissed.