Ontario Criminal

Charter of Rights

Reasonable justification for late-night, dynamic entry

Police received information from confidential informant that accused was in illegal possession of firearm. Informant’s motivation was monetary compensation but was told that information had to be proven to be reliable and accurate and result in arrest. Informant had criminal history but had provided reliable information to police on two previous occasions. Officer swore Information to Obtain and obtained warrant to search accused’s residence and business. Police executed warrant at residence in early morning and discovered loaded handgun behind dresser in bedroom. Accused charged with four offences. Accused applied to exclude firearm from evidence on basis of breaches of s. 8 of Canadian Charter of Rights and Freedoms. Application dismissed. Issuance of search warrant was not result of any violation of s. 8. Detailed narrative provided by informant was compelling and credible and aspects of information were corroborated. Based on record before issuing justice, as amplified and excised on review, there was sufficient information that could have permitted justice to conclude that there were reasonable grounds to justify issuing warrant. Telewarrant procedure appropriately employed by police. There was reasonable justification for late-night, dynamic entry. Police did not use excessive force in execution of warrant.

R. v. Boussoulas (Sep. 25, 2014, Ont. S.C.J., Kenneth L. Campbell J., File No. 0206/12) 116 W.C.B. (2d) 474.

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