R. v. Nguyen (S.V.T.), (2015) 615 A.R. 91 (QB)

• Judge: Thomas, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: January 16, 2015
• Citations: (2015), 615 A.R. 91 (QB);2015 ABQB 189

R. v. Nguyen (S.V.T.) (2015), 615 A.R. 91 (QB)

MLB headnote and full text

Temp. Cite: [2015] A.R. TBEd. MY.059

Her Majesty the Queen v. Son Van Troung Nguyen (111047486Q1; 2015 ABQB 189)

Indexed As: R. v. Nguyen (S.V.T.)

Alberta Court of Queen's Bench

Judicial District of Edmonton

Thomas, J.

April 10, 2015.

Summary:

A confidential informant told the police that the accused was selling cocaine out of his vehicle. The police conducted surveillance to determine the accused's residence. He was seen carrying a large plastic bag into the residence and one-half hour later drove directly to a suspected drug transaction. Police obtained a search warrant to search the residence. At the first stage of the inquiry into the validity of the search warrant, the court modified the information to obtain (ITO) the search warrant. Now at issue was whether the modified ITO was sufficient to support the granting of the search warrant by the Justice of the Peace. The accused sought exclusion of the fruits of the search under s. 24(2) of the Charter as an unreasonable search and seizure. The accused argued that the Justice of the Peace lacked reasonable and probable grounds to issue the search warrant based on the modified ITO.

The Alberta Court of Queen's Bench held that the information provided in the modified ITO provided reasonable and probable grounds to issue a search warrant for the residence. There was no unreasonable search and seizure contrary to s. 8 of the Charter. Alternatively, after applying the Grant factors, the court would not have excluded the evidence under s. 24(2) of the Charter.

Civil Rights - Topic 1604

Property - Search warrants - Validity of - See paragraphs 1 to 54.

Civil Rights - Topic 8368

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Exclusion of evidence - See paragraphs 1 to 54.

Criminal Law - Topic 3183

Special powers - Setting aside search warrants - Grounds - Information - Sufficiency of form and content - See paragraphs 1 to 54.

Narcotic Control - Topic 2043

Search and seizure - Setting aside search warrants - Grounds - Information - Sufficiency of form and contents - See paragraphs 1 to 54.

Counsel:

Donald MacCannell (Public Prosecution of Canada), for the Crown;

Aleksandra Simic (Moustarah & Company), for the accused.

This matter was heard by way of written briefs dated January 16, 2015 (accused) and January 23, 2015 (Crown), before Thomas, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on April 10, 2015.