R. v. Kerntopf (W.B.), (1996) 235 A.R. 329 (QB)
Judge | McMahon, J. |
Court | Court of Queen's Bench of Alberta (Canada) |
Case Date | September 18, 1996 |
Jurisdiction | Alberta |
Citations | (1996), 235 A.R. 329 (QB) |
R. v. Kerntopf (W.B.) (1996), 235 A.R. 329 (QB)
MLB headnote and full text
Temp. Cite: [1998] A.R. TBEd. DE.076
Her Majesty The Queen in Right of Alberta v. Waldemar Bruno Kerntopf
(Action No. 9501-1365-CO)
Indexed As: R. v. Kerntopf (W.B.)
Alberta Court of Queen's Bench
Judicial District of Calgary
McMahon, J.
September 18, 1996.
Summary:
The accused was charged with four counts of fraud. The accused brought an application challenging the validity of search warrants issued under s. 231.3 of the Income Tax Act and seeking exclusion of the resulting evidence.
The Alberta Court of Queen's Bench dismissed the application.
Civil Rights - Topic 1604
Property - Search warrants - Validity of - The accused was charged with four counts of fraud - Search warrants had been issued under s. 231.3 of the Income Tax Act - Section 231.3 was subsequently found to be inconsistent with s. 8 of the Charter and of no force and effect - Search warrants were obtained under s. 487 of the Criminal Code to reseize the documents - The Supreme Court of Canada later affirmed that s. 231.3(3) of the Act violated the Charter - The accused applied to exclude the seized evidence, arguing that the initial seizures were invalid and the re-seizures under s. 487 of the Code could not cure the defect - The Alberta Court of Queen's Bench dismissed the application - The re-seizures under s. 487 of the Code were valid and exclusion of the evidence would bring the administration of justice into disrepute.
Civil Rights - Topic 8368
Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Exclusion of evidence - [See Civil Rights - Topic 1604 ].
Criminal Law - Topic 3046
Special powers - Search warrants - Validity of - General - [See Civil Rights - Topic 1604 ].
Income Tax - Topic 9305
Enforcement - Search and seizure - Seizure of documents - General - [See Civil Rights - Topic 1604 ].
Cases Noticed:
Baron et al. v. Minister of National Revenue et al. (1990), 122 N.R. 47 (F.C.A.), refd to. [para. 3].
Baron et al. v. Minister of National Revenue, [1993] 1 S.C.R. 416; 146 N.R. 270; 78 C.C.C.(3d) 510, refd to. [para. 7].
Multiform Manufacturing Co. et autres v. R. et autres, [1990] 2 S.C.R. 624; 113 N.R. 373; 32 Q.A.C. 241; 58 C.C.C.(3d) 257, refd to. [para. 13].
R. v. Grant (D.), [1993] 3 S.C.R. 223; 159 N.R. 161; 35 B.C.A.C. 1; 57 W.A.C. 1; 84 C.C.C.(3d) 173; 24 C.R.(4th) 1, refd to. [para. 14].
R. v. Harper, [1994] 3 S.C.R. 343; 172 N.R. 91; 97 Man.R.(2d) 1; 79 W.A.C. 1; 92 C.C.C.(3d) 423, refd to. [para. 19].
R. v. Agopsowicz (S.G.) (1993), 112 Sask.R. 163 (Prov. Ct.), refd to. [para. 20].
R. v. Collins, [1987] 1 S.C.R. 265; 74 N.R. 276; 56 C.R.(3d) 193; [1987] 3 W.W.R. 699; 38 D.L.R.(4th) 508; 33 C.C.C.(3d) 1; 13 B.C.L.R.(2d) 1; 28 C.R.R. 122, refd to. [para. 21].
R. v. Wiley (R.W.), [1993] 3 S.C.R. 263; 158 N.R. 321; 34 B.C.A.C. 135; 56 W.A.C. 135; 84 C.C.C.(3d) 161, refd to. [para. 25].
R. v. Peel Air Services (1992), 92 D.T.C. 6553 (Ont. H.C.), refd to. [para. 28].
Counsel:
Not disclosed.
This application was heard before McMahon, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following decision on September 18, 1996.
To continue reading
Request your trial-
R. v. Kerntopf (W.B.), (1998) 232 A.R. 295 (CA)
...Court of Appeal dismissed the appeal. In dismissing the appeal, the court agreed with the trial judge's ruling on a voir dire reported at 235 A.R. 329. Civil Rights - Topic Property - Search warrants - Validity of - The accused was charged with four counts of fraud - Search warrants had bee......
-
R. v. Kerntopf (W.B.), (1998) 232 A.R. 295 (CA)
...Court of Appeal dismissed the appeal. In dismissing the appeal, the court agreed with the trial judge's ruling on a voir dire reported at 235 A.R. 329. Civil Rights - Topic Property - Search warrants - Validity of - The accused was charged with four counts of fraud - Search warrants had bee......