R. v. Newson, (1985) 67 A.R. 311 (QB)

• Judge: Berger, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: November 26, 1985
• Citations: (1985), 67 A.R. 311 (QB)

R. v. Newson (1985), 67 A.R. 311 (QB)

MLB headnote and full text

R. v. Newson

(No. 8503-28076)

Indexed As: R. v. Newson

Alberta Court of Queen's Bench

Judicial District of Edmonton

Berger, J.

November 26, 1985.

Summary:

Peace officers obtained a search warrant under s. 443 of the Criminal Code of Canada to search an accused's premises for drugs. The accused applied by way of certiorari to quash the warrant, alleging deficiencies in the warrant. The Alberta Court of Queen's Bench allowed the application to quash.

Criminal Law - Topic 3046

Search warrants - Validity of - Typographical errors - A search warrant issued under the Criminal Code erroneously identified the lands to be searched as "Range 28" instead of "Range 27" and referred to "Johnston" instead of "Johnson" - The Alberta Court of Queen's Bench held that these deficiencies were merely typographical errors which did not affect the warrant's validity - See paragraphs 1 to 5.

Criminal Law - Topic 3046

Search warrants - Validity of - Description of place to be searched - A search warrant issued under the Criminal Code authorized the search of a "dwelling house and out buildings" - The accused claimed that the warrant was deficient because two cars and a truck were also searched - The Alberta Court of Queen's Bench refused to quash the warrant for this deficiency - See paragraphs 1 to 4.

Criminal Law - Topic 3046

Search warrants - Validity of - Time frame for search - A search warrant issued under the Criminal Code authorized a search of premises between "8:00 A.M. - 85 Sep. 17 to 12:00 A.M. - 85 Sep. 17" - The search was conducted at 3:50 P.M. on September 17, 1985 - The accused applied to quash the warrant arguing that it was deficient because the search was not conducted within the time frame set out in the warrant - The Alberta Court of Queen's Bench quashed the warrant because it failed to specify with sufficient clarity the time frame of the search - See paragraphs 1 to 8.

Criminal Law - Topic 3051

Search warrants - Narcotic control - A warrant to search was issued under s. 443 of the Criminal Code authorizing peace officers to search a premises for narcotics - The Alberta Court of Queen's Bench quashed the warrant because, inter alia, it was not issued under s. 10(2) of the Narcotic Control Act - See paragraphs 9 to 11.

Cases Noticed:

Re Goodbaum and R. (1978), 38 C.C.C.(2d) 473, folld. [para. 10].

R. v. Hynds (1982), 1 C.R.R. 378 (Alta. Q.B.), folld. [para. 5].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 443 [para. 9].

Narcotic Control Act, R.S.C. 1970, c. N-1, sect. 10(2) [para. 9].

Counsel:

Cynthia J. Dickins, for the Crown;

Alan R. Collins, for Newson.

This application was heard before Berger, J., of the Alberta Court of Queen's Bench, who delivered the following decision on November 26, 1985: