R. v. Kaizer, (1985) 70 N.S.R.(2d) 125 (ProvCt)

• Judge: Carver, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: October 15, 1985
• Jurisdiction: Nova Scotia
• Citations: (1985), 70 N.S.R.(2d) 125 (ProvCt)

R. v. Kaizer (1985), 70 N.S.R.(2d) 125 (ProvCt);

    166 A.P.R. 125

MLB headnote and full text

R. v. Kaizer

(PC85-77)

Indexed As: R. v. Kaizer

Nova Scotia Provincial Court

Carver, P.C.J.

October 15, 1985.

Summary:

The accused was charged with unlawfully keeping liquor for sale contrary to s. 76(1) of the Liquor Control Act. The charge resulted from the seizure of liquor under a search warrant issued pursuant to ss. 121(1) and 121(2) of the Act. The accused submitted that ss. 121(1) and 121(2) infringed the right to be secure against unreasonable search and seizure, as guaranteed in s. 8 of the Canadian Charter of Rights and Freedoms.

The Nova Scotia Provincial Court dismissed the charge. The court held that ss. 121(1) and 121(2) violated s. 8 of the Charter and that the evidence obtained pursuant to the search warrant was to be excluded to avoid bringing the administration of justice into disrepute.

Civil Rights - Topic 1646

Property - Search and seizure - Unreasonable search and seizure defined - Pursuant to s. 121(1) of the Liquor Control Act, an officer who suspected or believed that liquor was unlawfully kept in a residence could obtain a search warrant upon information on oath - Section 122(2) further provided that it was unnecessary to set out in the information any reason or grounds for the suspicion or belief - The Nova Scotia Provincial Court held that ss. 121(1) and 121(2) violated the right to be secure against unreasonable search and seizure under s. 8 of the Charter of Rights and Freedoms, and were therefore invalid - See paragraph 11.

Civil Rights - Topic 8368

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Exclusion of evidence - A search warrant obtained under ss. 121(1) and 121 (2) of the Liquor Control Act was ruled invalid for contravening s. 8 of the Charter - The warrant was obtained for the improper purpose of a fishing expedition - The Nova Scotia Provincial Court excluded the evidence obtained pursuant to the invalid warrant, because its admission would bring the administration of justice into disrepute - See paragraphs 13 to 15.

Criminal Law - Topic 3041

Special powers - Search warrants - Purpose of - The Nova Scotia Provincial Court stated that search warrants obtained for the purpose of a "fishing expedition" were improper - See paragraphs 13 to 15.

Liquor Control - Topic 2859

Search and seizure - Search - Warrants - Validity of - Pursuant to ss. 121(1) of the Liquor Control Act, an officer who suspected or believed that liquor was unlawfully kept in a residence could obtain a search warrant upon information on oath - Section 122(2) further provided that it was unnecessary to set out in the information any reason or grounds for the suspicion or belief - The Nova Scotia Provincial Court held that ss. 121(1) and 121(2) violated the right to be secure against unreasonable search and seizure under s. 8 of the Charter of Rights and Freedoms, and were therefore invalid - See paragraph 11.

Cases Noticed:

Southam Inc. v. Hunter (1985), 55 N.R. 241; 55 A.R. 291; 14 C.C.C.(3d) 97 (S.C.C.), folld. [para. 9].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 8 [para. 6]; sect. 11(d) [para. 19].

Liquor Control Act, R.S.N.S. 1967, c. 169, sect. 121(1), sect. 121(2) [para. 7].

Counsel:

Anthony Brown, for the Crown;

Allan Ferrier, for the accused.

This charge was heard at Bridgewater, N.S., before Carver, P.C.J., of the Nova Scotia Provincial Court, who delivered the following judgment on October 15, 1985.