Ron Turgeon

The accused, Brandon Aubin, faced four charges: three Criminal Code offences related to a residential basement fire and one Controlled Drugs and Substances Act (CDSA) offence for Butane honey oil production.

The Crown's case was circumstantial, relying on expert fire investigation evidence.

The defence presented an alternative fire origin theory and the accused testified, denying the introduction of Butane.

The court dismissed the mischief endangering life charge but found the accused guilty beyond a reasonable doubt on the two arson charges and the CDSA production charge, concluding that the fire was caused by the ignition of Butane vapour introduced by the accused shortly before the incident.

Jason Poirier applied to quash a search warrant, arguing that an unrecorded conversation between the Justice of the Peace and the detective prior to the warrant's re-submission compromised the judicial process.

The court found that the absence of a record of this interaction, coupled with inconsistencies between the detective's recollection and the warrant amendments, prevented a reliable review of the Justice of the Peace's fairness and impartiality.

Consequently, the Crown failed to meet its burden of establishing the warrant's validity, and the search warrant was quashed.