Court of Appeal for Ontario

Citation: R. v. Kim, 2013 ONCA 292

Date: 20130502

Docket: C55985

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

[1] If 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.

[2] On 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.

[3] The appeal on conviction and sentence is dismissed.