2 total
The court upheld a search warrant for a subdivided commercial unit, finding no Charter breach.
The accused sought to exclude evidence seized during a search of their cannabis dispensary, Pharma-Cann, arguing the search warrant was invalid due to an inadequate description of the premises and violated their s. 8 Charter rights.
The court found the warrant adequately described the premises as Suite 117, despite it being subdivided into 117A and 117B, because police relied on public information and undercover observations that did not reveal the subdivision.
No s. 8 Charter breach was found.
Alternatively, if a breach occurred, the evidence would not be excluded under s. 24(2) as the police conduct was not serious, deliberate, or in bad faith, and society's interest in adjudication on the merits outweighed the impact on Charter rights.
The defendant was convicted of assault after the court rejected his implausible claim of self-defence against his sister.
The defendant was charged with one count of assault against his sister.
The Crown alleged the defendant struck the complainant in the face, causing a tooth to puncture her lip and fillings to be knocked loose.
The defendant claimed the complainant attacked him and he merely raised his arm defensively, causing incidental contact.
The court found the defendant's evidence implausible and inconsistent with the severity of the injury.
The court rejected the self-defence claim, finding no reasonable belief of attack and no reasonable response.
The defendant was convicted of assault.
