R. v. Griffen, (1988) 73 Nfld. & P.E.I.R. 203 (NFPC)

JudgeLuther, J.
CourtNewfoundland and Labrador Provincial Court (Canada)
Case DateApril 15, 1988
JurisdictionNewfoundland and Labrador
Citations(1988), 73 Nfld. & P.E.I.R. 203 (NFPC)

R. v. Griffen (1988), 73 Nfld. & P.E.I.R. 203 (NFPC);

    229 A.P.R. 203

MLB headnote and full text

R. (applicant) v. Patrick Peter Griffen (respondent)

(1988 No. 1018)

Indexed As: R. v. Griffen

Newfoundland Provincial Court

District of Corner Brook

Luther, J.

April 15, 1988.

Summary:

The Crown applied for the disposition of firearms seized under s. 100(3) of the Criminal Code. The owner claimed that the search warrant used to find the firearms was invalid and that the seized items should be returned. The owner claimed that the warrant was invalid because there was insufficient information on the information to support the application. Therefore, because the warrant was invalid, his right to be free from unreasonable search and seizure under s. 8 of the Canadian Charter of Rights and Freedoms was contravened. Because of that contravention, the owner asked that the seized firearms be excluded as evidence in any proceeding because their introduction would bring the administration of justice into disrepute.

The Newfoundland Provincial Court refused to exclude the seized items as evidence even though the search warrant was invalid.

Civil Rights - Topic 1607

Property - Search warrants - Standard for authorization - The police used an incomplete information in their application for a search warrant - The issuing judge remedied the deficiency by questioning the police - Unknown to the parties, the Newfoundland Supreme Court, Trial Division, that very day, ruled that an application for a search warrant must be complete on its face - The owner of the firearms seized under the warrant argued that the weapons should be excluded as evidence because the warrant was invalid - The Newfoundland Provincial Court held that the seized firearms would not be excluded as evidence even though the search warrant was invalid and the search unreasonable and contrary to s. 8 of the Charter, because the introduction of the items as evidence would not bring the administration of justice into disrepute - See paragraphs 14 to 17.

Civil Rights - Topic 8368

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Exclusion of evidence - [See Civil Rights - Topic 1607 above].

Criminal Law - Topic 3097

Special powers - Issue of search war rants - Contents of information or application for issue of - [See Civil Rights - Topic 1607 above].

Cases Noticed:

Chum Limited v. Wicks, P.C.J., and R. (1987), 65 Nfld. & P.E.I.R. 26; 199 A.P.R. 26, folld. [para. 2].

R. v. Waterford Hospital (1983), 43 Nfld. & P.E.I.R. 132; 127 A.P.R. 132; 6 C.C.C.(3d) 481, refd to. [para. 5].

R. v. Dodge (1984), 50 Nfld. & P.E.I.R. 349; 149 A.P.R. 349; 16 C.C.C.(3d) 385, refd to. [para. 5].

R. v. Collins, [1987] 1 S.C.R. 265; 74 N.R. 276; 56 C.R.(3d) 193; [1987] 3 W.W.R. 699; 33 C.C.C.(3d) 1; 28 C.R.R. 122; 13 B.C.L.R.(2d) 1, folld. [para. 6].

R. v. Bent (1987), 79 N.S.R.(2d) 169; 196 A.P.R. 169, refd to. [para. 9].

R. v. Sieben, [1987] 1 S.C.R. 295; 74 N.R. 271, folld. [para. 10].

R. v. Hunter (1987), 19 O.A.C. 131, refd to. [para. 15].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 8 [para. 6].

Criminal Code, R.S.C. 1970, c. C-34, sect. 100(3) [para. 1].

Counsel:

John Brooks, for the Crown;

Kymil Howe, for Mr. Griffen.

This application was heard by Luther, J., of the Newfoundland Provincial Court, District of Corner Brook, who delivered the following judgment orally on April 15, 1988.

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