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The court granted the Crown's unopposed application for a psychiatric assessment of the offender prior to a dangerous offender hearing.
The Crown applied under s.752.1(1) of the Criminal Code for a psychiatric assessment of an offender, prior to sentencing for aggravated assault.
The purpose was to determine if there were reasonable grounds to believe the offender might be found a dangerous or long-term offender.
The court, performing its independent gatekeeper function, found that the aggravated assault constituted a "serious personal injury offence" and that the offender's extensive criminal history and violent behaviour provided reasonable grounds to believe they might be found a dangerous or long-term offender under various pathways of ss.753(1)(a) and 753.1(1) of the Code.
The application was unopposed by the defence.
The court granted the order for a psychiatric assessment.
Anonymous tip plus police corroboration provided sufficient grounds for marijuana grow search warrant.
The applicants sought exclusion of marijuana plants seized during execution of a search warrant, arguing the information to obtain (ITO) lacked sufficient grounds and violated s. 8 of the Charter.
The warrant relied primarily on an anonymous Crimestoppers tip alleging marijuana cultivation, corroborated by limited police investigation including database checks, surveillance, and confirmation of background details.
The court held that, considering the totality of the circumstances, the tip contained sufficient detail and the police investigation provided adequate corroboration to establish credibly based probability for issuance of the warrant.
The search and seizure were therefore lawful.
In the alternative, the court held that even if a breach occurred, the evidence would be admissible under s. 24(2) of the Charter.
