R. v. Tremblett (A.C.), (2012) 314 N.S.R.(2d) 48 (PC)

• Judge: Ross, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: November 24, 2011
• Jurisdiction: Nova Scotia
• Citations: (2012), 314 N.S.R.(2d) 48 (PC);2012 NSPC 14

R. v. Tremblett (A.C.) (2012), 314 N.S.R.(2d) 48 (PC);

    994 A.P.R. 48

MLB headnote and full text

Temp. Cite: [2012] N.S.R.(2d) TBEd. MR.021

Her Majesty the Queen v. Augustus Clarence Tremblett

(2288101/2288102/2288103; 2012 NSPC 14)

Indexed As: R. v. Tremblett (A.C.)

Nova Scotia Provincial Court

Ross, P.C.J.

January 3, 2012.

Summary:

Police searched the accused's residence on February 4, 2011. They had with them a warrant which authorized them to search these premises "anytime between February 4th, 2011 and February 8th, 2011". At issue was the meaning of the word "between" in the search warrant and whether the police acted under the warrant's authority. Counsel for the Crown and the accused conceded a s. 8 Charter breach but argued the admissibility of the evidence seized under s. 24(2).

The Nova Scotia Provincial Court held that (1) it was not bound by the counsel's agreement and (2) that execution of the warrant on February 4th was permitted on the face of the document and did not constitute an illegal search or Charter breach.

Civil Rights - Topic 1601

Property - Search warrants - General - Police searched the accused's residence on February 4, 2011 - They had with them a warrant which authorized them to search these premises "anytime between February 4th, 2011 and February 8th, 2011" - At issue was the meaning of the word "between" in the search warrant and whether the police acted under the warrant's authority - The Nova Scotia Provincial Court held that execution of the warrant on February 4th was permitted on the face of the document and did not constitute an illegal search or Charter breach - Given the contextual factors within the Controlled Drugs and Substances Act which authorized the issuance of the warrant, given the many senses which attached to the word "between" in common speech and in the absence of any clear legislative or case authority on the specific point, the court interpreted the phrase "any time between February 4, 2011 and February 8th, 2011" to authorize a search of the subject premises from the time of issuance on February 4 through to midnight on February 8 - See paragraphs 16 to 37.

Civil Rights - Topic 1646

Property - Search and seizure - Unreasonable search and seizure defined - [See Civil Rights - Topic 1601 ].

Criminal Law - Topic 3054

Special powers - Search warrants - Execution of - General - [See Civil Rights - Topic 1601 ].

Narcotic Control - Topic 2024

Search and seizure - Search warrants - Execution - [See Civil Rights - Topic 1601 ].

Words and Phrases

Between - The Nova Scotia Provincial Court discussed the word "between" as used in a search warrant issued under the Controlled Drugs and Substances Act, S.C. 1996, c. 19 - See paragraphs 16 to 37.

Cases Noticed:

R. v. Routledge (R.J.) (2011), 305 N.S.R.(2d) 90; 966 A.P.R. 90 (Prov. Ct.), refd to. [para. 10].

R. v. Chaisson (D.) (2005), 249 Nfld. & P.E.I.R. 252; 743 A.P.R. 252; 2005 NLCA 55, refd to. [para. 13].

R. v. Brown (1961), 132 C.C.C. 104 (N.B.C.A.), refd to. [para. 17].

R. v. Emory (1916) 33 D.L.R. 556 (Alta S.C.A.D.), refd to. [para. 17].

R. v. Hancock (No. 6), [1975] B.C.J. No. 985 (Prov. Ct.), refd to. [para. 17].

R. v. Graham (D.) (1994), 151 N.B.R.(2d) 81; 387 A.P.R. 81 (Prov. Ct.), affd. (1995), 160 N.B.R.(2d) 306; 412 A.P.R. 306 (T.D.), refd to. [para. 18].

R. v. Perry (1987), 33 N.R. 108; 41 C.C.C.(2d) 182 (B.C.C.A.), refd to. [para. 23].

R. v. Buhay (M.A.), [2003] 1 S.C.R. 631; 305 N.R. 158; 177 Man.R.(2d) 72; 304 W.A.C. 72; 2003 SCC 30, refd to. [para. 40].

R. v. Morelli (U.P.) - see R. v. U.P.M.

R. v. U.P.M. (2010), 399 N.R. 200; 346 Sask.R. 1; 477 W.A.C. 1; 2010 SCC 8, refd to. [para. 41].

R. v. Silveira (A.), [1995] 2 S.C.R. 297; 181 N.R. 161; 81 O.A.C. 161; 97 C.C.C.(3d) 450, refd to. [para. 42].

Counsel:

Wayne MacMillan, for the Crown;

Matthew MacNeil, for the defence.

This case was heard on November 24, 2011, by Ross, P.C.J., of the Nova Scotia Provincial Court, who delivered his oral decision on January 3, 2012. The following written decision was delivered on February 23, 2012, and filed on February 26, 2012.