R. v. Long (D.), (2000) 226 N.B.R.(2d) 198 (CA)

• Judge: Ryan, Turnbull and Drapeau, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: April 27, 2000
• Jurisdiction: New Brunswick
• Citations: (2000), 226 N.B.R.(2d) 198 (CA)

R. v. Long (D.) (2000), 226 N.B.R.(2d) 198 (CA);

    226 R.N.-B.(2e) 198; 579 A.P.R. 198

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2000] N.B.R.(2d) TBEd. MY.026

Donald Long (appellant) v. Her Majesty the Queen in Right of Canada as represented by the Attorney General of Canada, the Minister of Revenue and John Landry (respondents)

(4/00/CA)

Indexed As: R. v. Long (D.)

New Brunswick Court of Appeal

Ryan, Turnbull and Drapeau, JJ.A.

April 27, 2000.

Summary:

Long applied to set aside a war­rant issued under s. 487 of the Criminal Code.

The New Brunswick Court of Queen's Bench, Trial Division, in a decision reported at 223 N.B.R.(2d) 189; 572 A.P.R. 189, dismissed the appli­cation. Long ap­pealed.

The New Brunswick Court of Appeal dismissed the appeal.

Criminal Law - Topic 3043

Special powers - Search warrants - Juris­diction to quash - Long applied to set aside a warrant issued under s. 487 of the Crimi­nal Code, alleging, firstly, that the inform­ant failed to set out sufficient infor­mation to (a) demonstrate that the things to be searched for would provide evidence of the alleged offences and (b) meet the statutory requirements of s. 487 of the Criminal Code - The New Bruns­wick Court of Queen's Bench, Trial Divi­sion, dismissed the application - The informant had not acted fraudulently or unconscion­ably and the minute details that the appli­cant raised in his first issue did not come within the confines of jurisdic­tional error and were not reviewable - Long appealed - The New Brunswick Court of Appeal dismissed the appeal.

Criminal Law - Topic 3185

Special powers - Setting aside search warrants - Grounds - Failure to state belief - An informant attached the infor­mation of another informant to his affida­vit - The informant prefaced his informa­tion with "The informant says that he has reasonable grounds to believe and does believe, and that his grounds are based on the follow­ing: ..." - He did not swear that he be­lieved the material sworn to in the attached affidavit - The New Brunswick Court of Queen's Bench, Trial Division, held that this was not fatal - Long appealed - The New Brunswick Court of Appeal dismissed the appeal.

Cases Noticed:

Valley Equipment Ltd. v. R. (1998), 198 N.B.R.(2d) 211; 506 A.P.R. 211 (C.A.), refd to. [para. 2].

R. v. Allain (S.) (1998), 205 N.B.R.(2d) 201; 523 A.P.R. 201 (C.A.), refd to. [para. 2].

R. v. Shalala (R.H.) (2000), 224 N.B.R.(2d) 118; 574 A.P.R. 118 (C.A.), refd to. [para. 2].

Counsel:

David R. Oley, for the appellant;

Ewan W. Clark, for the respondents.

This appeal was heard on April 27, 2000, by Ryan, Turnbull and Drapeau, JJ.A., of the New Bruns­wick Court of Appeal, who deliv­ered the fol­lowing oral decision on the same date.