Court of Appeal for Ontario

Date: 2019-04-16 Docket: C63776

Judges: Juriansz, Watt and Harvison Young JJ.A.

Between

Her Majesty the Queen Respondent

and

Andrew Goulart Appellant

Counsel

Andrew Menchynski, for the appellant

Jennifer Conroy and Marina Elias, for the respondent

Heard

April 15, 2019

Appeal

On appeal from the convictions entered on April 24, 2017 by Justice John B. McMahon of the Superior Court of Justice.

Appeal Book Endorsement

[1] The appellant appeals his convictions for possession of cocaine for the purposes of trafficking and possession of the proceeds of crime.

[2] On appeal he attacks the issuance of the warrant the execution of which resulted in the charges against him.

[3] The decision of the reviewing judge is deserving of deference. She, like us, had the unredacted ITO before her. We note that the sufficiency of the judicial summary of the redactions was not attacked.

[4] In our view the reviewing judge, on the basis of the record before her, could reach the conclusion that the issuing justice could issue the warrant.

[5] The appeal is dismissed.