Nfld. & Labrador Corp., Re, (1974) 6 Nfld. & P.E.I.R. 274 (NFCA)

JudgeNoel, Higgins and Mifflin, JJ.
CourtNewfoundland Court of Appeal
Case DateJune 12, 1974
JurisdictionNewfoundland and Labrador
Citations(1974), 6 Nfld. & P.E.I.R. 274 (NFCA)

Nfld. & Labrador Corp., Re (1974), 6 Nfld. & P.E.I.R. 274 (NFCA)

MLB headnote and full text

Re Newfoundland & Labrador Corp. Ltd.

Indexed As: Newfoundland and Labrador Corp., Re

Newfoundland Court of Appeal

Noel, Higgins and Mifflin, JJ.

July 22, 1974.

Summary:

This case arose out of an application for an order of certiorari to quash certain search warrants issued by a Stipendiary Magistrate at St. John's, Newfoundland. In the information placed before the Magistrate the informant deposed that "he has been informed by a confidential source whom he believes to be reliable and whose identity should not be revealed that ..." and also that "he has been informed by personal investigation and other members of the Royal Canadian Mounted Police working under his direction that ...". Furlong, C.J.N., dismissed the application for an order of certiorari and declared that the search warrants were properly granted. The judgment of Furlong, C.J.N. is set out at 6 Nfld. & P.E.I.R. 282 following the judgments of the Newfoundland Court of Appeal - see paragraphs 28 to 57.

On appeal to the Newfoundland Court of Appeal the appeal was dismissed and the judgment of Furlong, C.J.N., was affirmed. The Newfoundland Court of Appeal stated that if it appears to the justice that the deponent has reasonable grounds for belief then the justice is satisfied that such reasonable grounds exist and may issue a warrant to search - see paragraph 27.

The Newfoundland Court of Appeal reviewed the powers of Magistrates before and after Confederation in 1949. The Newfoundland Court of Appeal held that the Magistrate was a justice with power to order the issue of search warrants pursuant to s. 443 of the Criminal Code - see paragraphs 11 to 19 and 32 to 38.

Courts - Topic 6452

Newfoundland - Jurisdiction of Magistrates - Issue of search warrants by Magistrates - The Newfoundland Court of Appeal reviewed the powers of Magistrates before and after Confederation - The Newfoundland Court of Appeal held that Magistrates were justices with power to issue search warrants pursuant to section 443 of the Criminal Code - See paragraphs 11 to 19 and 32 to 38.

Criminal Law - Topic 3093

Search warrants, issue of - What constitutes reasonable grounds for belief required by section 443 of the Criminal Code - The information presented to the Magistrate referred, inter alia, to certain sources of information as being confidential - The Newfoundland Court of Appeal held that the search warrant was properly issued - The Newfoundland Court of Appeal stated that if it appears to a justice that the deponent has reasonable grounds for belief then the justice is satisfied that such reasonable grounds exist and the justice may then issue the search warrant - See paragraphs 20 to 27 and 43 to 55.

Words and Phrases

Reasonable ground - Newfoundland Court of Appeal discussed the meaning of the words "reasonable ground" as found in s. 443 of the Criminal Code, R.S.C. 1970, c. C-34 (search warrants) - see paragraphs 20 to 27.

Cases Noticed:

Wiens et al. v. The Queen, [1973] 6 W.W.R. 757, folld. [paras. 2, 6 and 55].

Atty.-Gen. for Canada v. Atty.-Gen. for Ontario, [1898] A.C. 247, folld. [para. 13].

In re Small Debits Recovery Act, [1917] 3 W.W.R. 698, folld. [para. 14].

R. v. Trottier, [1966] 4 C.C.C. 321, folld. [para. 26].

Re Worrall, [1965] 2 C.C.C. 1, folld. [para. 44].

Bell Telephone Company of Canada, 4 C.R. 162, 46, dist. [para. 46].

R. v. Purdy, 4 N.B.R.(2d) 848; 8 C.C.C. 52, folld. [para. 47].

Regency Realties Inc. v. Loranger, 36 C.R. 291, folld. [para. 47].

R. v. Furnished Houses Rent Tribunal for Paddington and St. Marylebone, Ex Parte Kendal Hotels Limited, [1947] 1 All E.R. 448, folld. [para. 49].

Marks v. Beyfus (1890), 25 Q.B. 479, folld. [para. 53].

Dare to be Great of Canada (1971) Ltd. v. A.-Gen. for Alberta, [1972] 3 W.W.R. 307, folld. [para. 55].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 443 [para. 22].

Counsel:

Gerald F. O'Brien, for the appellants;

Gerard J. Martin, for the respondent.

This appeal was heard at St. John's, Newfoundland on June 12, 1974. Judgment was delivered on July 22, 1974 and the following opinions were filed:

MIFFLIN, J., - see paragraphs 1 to 3,

HIGGINS, J., - see paragraphs 4 to 7,

NOEL, J., - see paragraphs 8 to 27.

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