COURT OF APPEAL FOR ONTARIO

CITATION: R. v. Markiewicz, 2014 ONCA 455

DATE: 20140610

DOCKET: C56140

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

[1] Despite 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.

[2] The 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).

[3] The appeal is dismissed.

“Doherty J.A.”

“M. Tulloch J.A.”

“M.L. Benotto J.A.”