ONTARIO

SUPERIOR COURT OF JUSTICE

COBOURG COURT FILE NO.: 13-378

DATE: 20140318

BETWEEN:

HER MAJESTY THE QUEEN

– and –

NICHOLAS NASCIMENTO

Defendant/Applicant

M. Moorcroft, for the Crown/Respondent

A. Herscovitch, for the Defendant/Applicant

HEARD: February 10, 11, 12, and 13, 2014, and by written submissions

RULING ON APPLICATION

MULLIGAN J.:

[1] The Applicant, Nicholas Nascimento, brought an application to exclude evidence obtained pursuant to a search warrant, as a violation of his s.8 rights under the Charter, and seeks to exclude the evidence pursuant to s.24(2) of the Charter. I have considered the application, including the evidence filed, the cross-examination of Det. James Wright, and the submissions of counsel for the Applicant and the Crown. For written reasons to follow, the application to exclude evidence, the fruits of the search warrant, is dismissed.

MULLIGAN J.

Released: March 18, 2014