Bergeron v. Deschamps et al. and Greffier de la Paix et de la Couronne, district de Montreal et al.

• Jurisdiction: Federal Jurisdiction (Canada)
• Court: Supreme Court (Canada)
• Judge: Beetz and de Grandpré, JJ.
• Citation: (1977), 14 N.R. 83 (SCC),73 DLR (3d) 765,1977 CanLII 153 (SCC),[1978] 1 SCR 243,[1978] 1 SCR 264,1977 CanLII 155 (SCC),14 NR 83,33 CCC (2d) 461,[1977] SCJ No 47 (QL)
• Date: 08 February 1977

Bergeron v. Deschamps (1977), 14 N.R. 83 (SCC)

MLB headnote and full text

Bergeron v. Deschamps et al. and Greffier de la Paix et de la Couronne, District de Montreal et al.

Indexed As: Bergeron v. Deschamps et al. and Greffier de la Paix et de la Couronne, district de Montreal et al.

Supreme Court of Canada

Laskin, C.J.C., Martland, Judson, Ritchie, Spence, Pigeon, Dickson,

Beetz and de Grandpré, JJ.

March 8, 1977.

Summary:

This headnote contains no summary.

Criminal Law - Topic 3133

Special powers - Property seized under an illegal warrant - Retention of such property as criminal evidence - A search warrant was quashed and before illegally seized documents were returned to the owners the judge "left it to the police to decide what should be retained" - The Supreme Court of Canada set aside the judge's order and directed that all illegally seized documents be returned to the owners - The Supreme Court of Canada referred to the power of the judge to order that illegally seized property be retained as evidence of a criminal offence but stated that a delegation of such power to the police was improper.

Cases Noticed:

Black v. The Queen (1974), 13 C.C.C.(2d) 446, dist. [para. 3].

Ghani v. Jones, [1969] 3 All E.R. 1700, dist. [para. 6].

Counsel:

Bruno Pateras, Q.C., for the appellants;

Guy Lafrance and Serge Authier, for the respondents.

This appeal was heard by LASKIN, C.J.C., MARTLAND, JUDSON, RITCHIE, SPENCE, PIGEON, DICKSON, BEETZ and de GRANDPRE, JJ., at Ottawa, Ontario on February 8, 1977. The judgment of the Supreme Court of Canada was delivered by LASKIN, C.J.C., on March 8, 1977.