Court File and Parties
COURT FILE NO.: 18-0539
DATE: 2019 01 28
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
HER MAJESTY THE QUEEN Respondent
– and –
DWAYNE CAMPBELL Applicant
Counsel: C. Bond and J. Dixon, for the Crown Steven M. Hinkson, for the Applicant
HEARD: December 3, 4, 5, 2018
BEFORE: LEMON J.
RULING RE: SECTION 8 OF THE CHARTER
RESTRICTION ON PUBLICATION
By court order made under section 517 of the Criminal Code, information that may identify the person described in this ruling may not be published, broadcasted or transmitted in any manner until after the accused is tried.
The Issue
[1] Mr. Campbell submits that the police did not have lawful authority to search Mr. Gammie’s cell phone, intercept conversations with Mr. Campbell or search Mr. Campbell’s phone. As a result of those various breaches, individually and collectively, Mr. Campbell asks that the evidence be excluded pursuant to ss. 8 and 24(2) of the Canadian Charter of Rights and Freedoms.
[2] The trial of this matter is to proceed in April of this year. My reasons are pending but counsel should be given notice of the result as early as possible so that they can prepare for trial.
[3] For written reasons to follow, Mr. Campbell’s application is dismissed.
Lemon J.
Released: January 28, 2019
CITATION: R. v. Campbell, 2019 ONSC 688
COURT FILE NO.: 18-0539
DATE: 2019 01 28
ONTARIO
SUPERIOR COURT OF JUSTICE
HER MAJESTY THE QUEEN
– and –
DWAYNE CAMPBELL
RULING RE: Section 8 of the Charter
Lemon J.
Released: January 28, 2019