R. v. Feldman, [1994] 3 S.C.R. 832

Arkady Felix Feldman Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Feldman

File No.: 23992.

1994: December 2.

Present: Sopinka, Gonthier, McLachlin, Iacobucci and Major JJ.

on appeal from the court of appeal for british columbia

Criminal law ‑‑ Search warrants ‑‑ Existence of search warrant established ‑‑ Issue of burden of proof not arising.

APPEAL from a judgment of the British Columbia Court of Appeal (1994), 1994 CanLII 542 (BC CA), 42 B.C.A.C. 31, 67 W.A.C. 31, 91 C.C.C. (3d) 256, dismissing the accused's appeal from his conviction for possession of narcotics for the purpose of trafficking. Appeal dismissed.

Kenneth G. Young, for the appellant.

S. David Frankel, Q.C., for the respondent.

The judgment of the Court was delivered orally by

Sopinka J. ‑‑ The sole issue in this appeal as of right is whether the Crown was obliged to prove the existence of a search warrant. We agree with the majority of the Court of Appeal that the existence of the warrant was established in this case. The issue of the burden of proof therefore does not arise. Accordingly, the appeal is dismissed.

Judgment accordingly.

Solicitors for the appellant: Kenneth G. Young & Co., Vancouver.

Solicitor for the respondent: George Thomson, Ottawa.